


:'m. 




Book - ^' ' ^- 



OFFICIAL DOKTA-TION. 



OFFICERS OF THE STATE GOVERNMENT. 



LEGISLATIVE .DEPARTMENT. 

Governor Wm. C. Gates of Henry. 

President of the Senate. Francis L. Pettus " Dallas. 

Speaker of the House. Thomas H. Clakk " ^lontgomery. 



EXECUTIVE DEPARTMENT. • 



Governor 

Secretary of State 

Treasurer 

Auditor 

Attorney-General . 
Sup't of Education 



Wm. C. Gates of Henry. 

. Jame« KiRKMAN Jackson . " Lauderdale. 

J. CkaiCt Smith " Dallas. 

. Jno. Purifoy " Wilcox. 

Wm. C. Fitts " Tuskaloosa. 

.Jno. O. Turner " St. Clair. 



RAILROAD COMMISSIONERS. 

Henry R. Shorter. President of Barbour. 

Ross C. Smith, Associate '' -Tefferson. 

Harvey E. Jones, Associate " Mobile. 



JUDICIAL DEPARTMENT. 



SUPREME COURT. 

Chief Justice Robkrt C. Brickell. 

Assnpiate Justice. .. Thomas N, McCletxan 

" " Thomas "W. Cole^fan.. 

" " Jon. PIaralson 

<< " James B. Head 



of Madison. 
" Limestone. 
" Greene. 
" Dallas. 
" Jefferson. 



■ OFFICERS OF THE STATE GOVERNMENT. 

CIRCUIT JL'BGKS. 

First Circuit Jno. C. Ai^tDERsoN of Marengo. 

Second Circuit Jno. R. Tyson " Monbgomer'' 

Third Circuit J. M. Carmichael "Dale. 

Fourth Circuit Jopin Moore " Perry. 

Fifth Circuit N. D. Denson "Chambers. 

Sixth Circuit S. H. Sprott " Sumter. 

Seventh Circuit Geo. S. Brewer " Talladega. 

I- ighth Circuit H. C. Spbake " Madison. 

Ninth Circuit ,T. A. Bilbro " Etowah. 

Tenth Circuit J. J. Banks , . " Jefferson. 

Eleventh Circuit. . Thos. R. Roulhac " Colbert. 

Twelfth Circuit. . . . J W. Foster " Henry. 

Thirteenth Circuit. .Wm..S. Anderson " Mobile: 

CHANCELLORS. 

Northeastern Division S. K. McSpadden of Cherokee, 

North w^estern Division . .Thomas Cobbs " Jefferson. 

Southeastern Division. . . . Jere N. Williams- " Barbour. 

Southw^estern Division .. .Wm. H. Tayloe " Marengo.- 

Nort-hern Division . . Wm. H. Simpson.. " Morgan. 



MEMBERS OF CONGRESS. 

SKNATOES. 

Senior Jno. T. Morgan of Dallas. 

Jii"ior Jas. L. Pugh " Barbour. 

REPRESENTATIVES. 

1st District Richard H. Clarke " Mobile. 

2d District .Jesse F. Staltings " Butler. 

3d District George P. Harrison " Lee 

4th District Gaston A. Robbins " Dallas. 

5th District James E. - Cobb . . " Macon. 

6th District Jno. H. Bankhead " Fayette. 

7th District M. W. Howard " DeKalb. 

8th District . Joseph Wheeler . " Lawa'ence, 

9th District Oscar W. Underwood " Jefferson.. 



^^\iyj\'^:k,\ "^ /aJ^xCAA-Xx- 



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PUBLIC SCHOOL L^WS 



OF THE 



SXAXE: OF ALABAMA, 



TOGETHER WITH 



FORMS FOR TEACHERS, OFFICERS AND 
THE CONSTITUTION OF ALABAMA. 

AND A EEVISED LIST OF 

COUNTY AND CITY SUPERINTENDENTS. 



BY 
JOHN O. XURNEIR, 

SUPERINTENDENT OF EDIJCATION. 

LIBRARY OF CONGRESS, 

UECEfVED 

AUG 12 1981 

DiVISiON OF DOCUMENTS. 

MONTGOMERY, ALA. : 
RoEMER Printing Company, Printers for the State. 
";' ',: 1S95. ; > \'\\'} /I : 



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AUG 12 IBOl 
D. of D. 



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CONSTITUTIONAL PROVISIONS. 



J STATE CONSTITUTION. 

Article XIII. 

EDUCATION. 

Section 1. The General Assembly shall establish, or- 
ganize and maintain a system of public schools through- 
out the State for the equal benefit of the children there- 
of, between the ages of seven and twenty-one years ; but 
separate schools shall be provided for the children of 
citizens of African descent. 

Sec 2. The principal of all funds arising from the 
sale or other dispositions of lands or other property, 
which has been or may hereafter be granted or entrusted 
to this State, or given by the United States, for educa- 
tional purposes, shall be preserved inviolate and undi- 
minished ; and the incomes arising therefrom shall be 
faithfully applied to the specific objects of the original 
grants or appropriations. 

Sec. 3, All lands or other property given by indi- 
viduals, or appropriated by the State for educational pur- 
poses, and all estates of deceased persons who die with- 
out leaving a will or heir, shall be faithfully applied to 
the maintenance of the public schools. 

Sec 4. The General Assembly shall also provide for 
the levying and collection of an annual poll tax, not to ex- 
ceed one dollar and fifty cents on each poll, which shall 
be applied to the support of the public schools in the 
counties in which it is levied and collected. 

Sec. 5. The income arising from the sixteenth sec- 



tion trust fund, the surplus revenue fund, until it is 
called for by the United States Government, and funds 
enumerated in sections three and four of this article, 
with such other moneys to be not less than two hundred 
thousand dollars per annum, as the General Assembly 
shall provide by taxation or otherwise, shall be applied 
to the support and maintenance of the public schools, 
and it shall be the duty of the General Assembly to in- 
crease, from time to time, the public school fund, as the 
condition of the treasury and the resources of the State 
will admit. 

Sec. 6. Not more than four per cent, of all moneys 
raised, or which may hereafter be appropriated for the 
support of public schools shall be used or expended oth- 
erwise than for the payment of teachers employed in 
such schools ; Provided, That the General Assembly may, 
by a vote of two-thirds of each house, suspend the opera- 
tion of this section. 

Sec. 7. The supervision of the public schools shall 
be vested in a Superintendent of Education, whose pow- 
ers, duties, term of office and compensation shall be fixed 
by law. The Superintendent of Education shall be 
elected by the qualified voters of the State in such man- 
ner and at such time as shall be provided by law. 

Sec. 8. No money raised for the support of the pub- 
lic schools of the State shall be appropriated to or used 
for the support of any sectarian or denominational 
school. 

Sec. 9. The State University and the Agricultural 
and Mechanical College shall each be under the manage- 
ment and control of a Board of Trustees. The Board for 
the University shall consist of two members from the 
congressional district in which the University is located, 
and one from each of the other congressional districts in 
the State. Said trustees shall be appointed by the Gov- 
ernor by and with the advice and consent of the Senate, 



and sliall hold office for a term of six years, and until 
their successors shall be appointed and qualified. After 
the first appointment each Board shall be divided into 
three classes as nearly as may be. The seats of the first 
class shall be vacated at the expiration of two years, and 
those in the second class in four years, and those in the 
third class at the end of six years, from the date of ap- 
pointment, so that one-third may be chosen bi-ennially. 
No trustee shall receive any pay or emolument other than 
his actual expenses incurred in the discharge of his du- 
ties as such. The Governor shall be ex-officio President, 
and the Superintendent of Education ex-officio a member 
of each of said Boards of Trustees. 

Sec. 10. The General Assembly shall have no power 
to change the location of the State University or the Ag- 
ricultural and Mechanical College as now established by 
law, except upon a vote of two-thirds of the members of 
the General Assembly, taken by yeas and nays, and en- 
tered upon the journals. 

Sec. 11. The provisions of this article, and of any act 
of the General Assembly passed in pursuance thereof, to 
establish, organize and maintain a system of public 
schools throughout the State, shall apply to Mobile 
county only so far as to authorize and require the au- 
thorities designated by law to draw the portion of the 
funds to- which said county will be entitled for school 
purposes, and ro make reports to the Superintendent of 
Education as may be prescribed by law. And all special 
incomes and powers of taxation as now authorized by 
law for the benefit of public schools in said county, shall 
remain undisturbed until otherwise provided by the Gen- 
eral Assembly ; Provided, That separate schools for each 
race shall always be maintained by said school authori- 
ties. 



TITIvB I, 

EDUOATIOSr. 

Chapter 1. — Public school fund. 
2.— Officers. 
3. — Public schools. 

4. — Apportionment and d.Isbiir«Miient of school fundsv. 
S.-^'Qofaool kaads. 



CHAPTER I. 
fOklio 8<rBooL firsD-. 

[Sections coprespoad wltib numbera of Oode of 1886.] 

§ 943. Ap-pTopriaMons for puhlie echaols. — For the 
maintenance of a system of public schools throughout 
the State, the following sums of money are hereby ap- 
propriated for each scholastic year, to-wit : 

1 . The annual interest at six per cent, on all sums of 
money which have heretofore been, or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or entrusted by the United States to the 
State, or to the several townships thereof, for school pur- 
poses . 

2. The annual interest at four per cent, on that part 
of the surplus revenue of the United States, deposited 
with the State under the act of Congress approved June 
23, 1836. 

3. All the annuaJ rents, incomes and profits, or in- 
terests, arising from the proceeds of sales of all such 
lands as may hereafter be given by the United States, or 
by this State, or by individn&is , for the support of the 
public schools of th^ Statw, 



4. All such sums as may accrue to the State as 
escheats ; the same to be applied to the support of the 
public schools during the scholastic year next succeeding 
their receipt in the State treasury. 

5. The further sum of three hundred and fifty thous- 
and dollars, from any money in the treasury not other- 
wise appropriated. 

6. The amount of poll-tax that may be collected in the 
State; the poll-tax collected in each county to be re- 
tained therein for the support of the public schools 
iJijerreof, and distributed and disbursed as provided in 
this title. 

7. All rents, incomes and profits received into the 
State treasury during the scholastic year from all lands 
heretofore donated by the Congress of the United States 
for the support of the public schools, and rem-aining 
unsold, which shall be applied to the support of the 
pfublic schools during the scholastic year next succeeding 
their receipt into the treasury. 

8. Licenses which are bylaw required to be paid 
into the school fund of any county ; to be promptly paid 
by the judge of probate, or other collecting the same, to 
the county superintendent of education, and to be ex- 
pended for the benefit of the public schools in such 
county. 

§ 944. WJi^ii app-ropr lat ions accrue , and placed to credit 
of educational fitnd-^All such appropriations, except the 
poll-tax, shall accrue to the educational .fund on the first 
day of October, in each year ; and on that day the State 
auditor shall place to the credit of that fund, on the 
books in his office, all such amounts as accrue thereto 
from the source in this chapter mentioned, except the 
poll-tax, for the scholastic year beginning on that day. 

[By act approved February 12, 1887, ''For the Pro- 
tection of Dogs," and amended February 18th, 1891, 
the owner of any dog may register the animal in the 



8 

office of the judge of probate, paying therefor a registra- 
tion fee of twenty-five cents and a tax of one dollar. 
The tax thus realized is appropriated to the use of the 
public schools of the county where collected. The pro- 
visions of the act do not apply to the counties of Clay, 
Dale, Geneva, Elmore, Tallapoosa, Winston, Perry, 
Jackson, Morgan, Marshall, Fayette, Hale, Greene and 
Henry.] 

CHAPTER II. 

OFFICERS. 

Article 1. — General designation. 

2. — Superintendent of education. 
3. — County superintendents. 
4. — Township trustees. 

Article I. 

GENERAL DESIGNATION OP OFFICERS. 

§ 945. Officers for administration of public schools. — For 
the administration and government of public schools in 
this State, there are the following officers : 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 

3. Three township trustees in each township. 



Article II. 

SUPERINTENDENT OF EDUCATION. 

§ 946. Commission, term of office, and salary — The 
Superintendent of Education, after his election, shall be 
commissioned by the Governor, shall hold hisroffice for 



9 

the term of two years, and until his successor is elected 
and qualified, and shall receive a salary of two thousand 
two hundred and fifty dollars per annum, payable in 
monthly installments, on the last day of each month. 

§947. Oath of office and bond. — Before entoring upon 
the duties of his office, he shall take the oath of office 
prescribed by the constitution, and shall also give bond, 
with sureties to be approved by the Governor, in the 
sum of fifteen thousand dollars, conditioned faithfully to 
discharge the duties of his office so long as he sh all re- 
main therein, or perform any of the duties thereof : and 
such bond shall be filed in the office of the Secretary of 
State. 

§ 948. Ofiice and books, paper's and records. — He shall 
have an office at the capitol of the State, where the 
bonds, papers and records of his office shall be kept, and 
where he shall give attendance when not absent on offi- 
cial business ; and it shall be the pivilege of all persons 
interested to have access, at all proper hours, to the 
books, papers and records of the office. 

§ 949. Clerks and their salaries. — He is authorized to 
employ two suitable clerks for service in his office ; and 
such clerks shall be allowed together two thousand two 
hundred and fifty dollars, annually to be paid as the 
salaries of other department clerks are paid. 

§ 950. 'Duties of superintendent of education. — The 
duties of the Superintendent of Education shall be as 
follows : 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State; and to this 
end, he shall have power to require from the county 
superintendent of education, township trustees of public 
schools, and all other school officers, all such reports 
and information relating to the educational fund, or 



10 

the condition of the schools and the management thereof^ 
as he may deem important, or as may be prescribed by 
law ; and he may remove from office any such officer for' 
failure to make such report, give such information, or 
discharge any other official duty. 

2. He shall annually, as far as practicable, visit 
every county in the State for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education and other school 
officers, and for diffusing as widely as possible, by per- 
sonal addresses and personal communication informa- 
tion as to the importance of public schools and tho 
best method for their management ; and he shall en- 
courage and assist in organizing and conducting teach- 
ers' and superintendents' institutes. 

3. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in part 
by public money, or under State control, in hygiene and 
physiology, with special reference to the effects of alco- 
holic drinks, stimulants, and narcotics upon the human 
system. 

4. He shall annually apportion and distribute all 
money belonging to the educational fund, in such man- 
ner as may be prescribed by law, and shall see to the 
proper disbursement of the same ; and to this end, he 
shall, keep an accurate account with all officers who may 
be custodians or disbursers of the school fund , or any 
part thereof. 

[Hereafter it shall be the duty of the Superintendent 
of Education to apportion the public school fund to the 
various townships and school districts according to the 
entire number of children of school age. — Section 1 of 
an Act to regulate the apportionment of the school fund 
in this State by the Superintendent of Education ap- 
proved, February 10th, 1891.] 

5. He shall prepare all forms, and have printed and 



11 

distributed all such blanks as may be necessary, or as 
may be required by law, in the administration of the 
public school system. 

6. He shall furnish the county superintendents of 
education and other school officers all necessary books 
for keeping their accounts and records, and to be and 
remain public property ; and he shall prescribe a uni- 
form system of keeping such accounts and records. 

7. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

8. He shall keep a debtor and credit account with 
each township or other school district, in tlie State, of 
all funds accruing thereto for educational purposes. 

9. He shall keep an accurate account of the capital 
of all sijxteenth section or other trust funds, to which 
each township or school district maybe entitled, showing 
whence and when such funds were derived. 

10. He shall preserve in his office all bonds of school 
officers and others required to be filed therein. 

11. He shall cause suits to be instituted and prose- 
cuted against all defaulters to the educational fund, and 
for this purpose may employ attorneys ; but he shall not 
have power to contract to pay such attorneys out of the 
educational fund more than ten per centum of the 
amount recovered by them in such suits ; and out of 
such fund he may pay such lawful costs as may be taxed 
against him as superintendent of education, in case he 
is cast in any of such suits. 

12. He shall require and supervise the collection of 
all poll taxes. 

13. He shall, by correspondence, exchange official re- 
ports, and by other proper means, elicit information rela- 
tive to the S3''stem of public education in other States and 
countries, and disseminate all useful knowledge regard- 



12 

ing the same among the county superintendents and 
other officers in the State. 

14. He shall collect in his office such school books, 
apparatus, maps, charts, and specimens of improved 
school furniture as can be obtained without expense to 
the State. 

15. He shall prepare and have printed, in pamphlet 
form by the public printer, all laws, rules and regula- 
tions pertaining to the public school system of the State, 
and cause the same to be distributed among the county 
superintendents of education, and other officers connect- 
'€d with the school system, for the information of those 
interested in the educational interests of the State. 

16. He shall perform such other duties as are, or 
may be prescribed by law. 

[congressional institutes.] 

An Act 

To provide for holding a teachers institute for a period 

of not less than one week in each of the congressional 

districts of the State. 

§ 1. It shall be the duty of the State Superintendent 
of Education to hold, or to have held within the bounds 
of each congressional district of this State, one or more 
teachers institutes, to be conducted by a teacher, expe- 
rienced in and familiar with, the most improved meth- 
ods of instructions, for a term of one week or more dur- 
ing the summer months. 

§ 2, For the purj^ose of carrying out the provisions 
of this act, the Superintendent of Education may, from 
time to time, certify to the auditor the amount necessary 
to defray the expenses of employing teachers to conduct 
and instruct the teachers who attend these institutes, 
and upon such certificate it shall be the duty of the Au- 
ditor to draw his warrant upon the Treasurer for such 



1^ 

sum or sums in favor of the Superintendent of Educa- 
tion as may remain unapportioned and unexpended in 
the State treasury at the time ; Provided, that such sum 
shall not exceed five hundred dollars in any one year ; 
And provided further, that such sum shall not exceed the 
amount apportioned and paid for such purposes by the 
trustees of the Peabody Education Fund, in any one 
year. 

§ 3. It shall be the duty of the Superintendent of 
Education to disburse said money so as to secure the 
greatest good to the largest number of teachers in the 
common schools, and to take vouchers therefor, to be 
kept on file in his office, and to make an itemized 
statement in his annual report as to how and to whom, 
said money has been disbursed. 

Approved February 28, 1887.]. 

§ 951. Report to governor; contents. — He shall also- 
bi-ennially, on or before the lOtli day of October, re- 
port to the Governor in writing, — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from 
the county superintendents of education, exhibiting 
the condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement, showing how the contin- 
gent fund of his department, and all other special funds 
or appropriations under his control have been dis- 
posed of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

G. All such other matters relating to his office and to 
the public schools, as he shall deem expedient to com- 
municate. 

§ 952, Eeport to he printed and distributed. — The Gov- 



14 

ernor shall, when such report is laid before him, direct 
the Superintendent of Education to have printed in the 
same manner, and upon the same conditions as other 
printing is done, during the recess of the General Assem- 
bly, a suficient number of copies of the report to supply 
the county superintendents, and township trustees of 
public schools, and other school officers, and for the usual 
exchange with other States, and with the leading cities 
of the United States ; and it shall be the duty of the 
Superintendent of Education to distribute the same as 
indicated in this section. 

§ 953. Vacancy filledhy governor; terms etc., of appointee. 
If the office of Superintendent of Education should, at 
any time, become vacant by death, resignation, or other- 
wise, the Governor shall appoint a suitable person to fill 
such office for the unexpired term ; and such appointee 
shall give bond and qualify in the same manner as if he 
had been elected for a full term. 



Article III. 

COUNTY SUPERINTENDENT OF EDUCATION. 

§ 954. One appointed for each county. — Unless by 
special act it is otherwise provided, a county superin- 
tendent for each county in the State shall be appointed 
by the Superintendent of education. 

Note. — County superintendents, by act of the legislature, 1888-9, are 
elected in August of even years and go into office the following Octo- 
ber, except in the following counties, in which they are appointed: 
Autauga, Barbour, Chambers, Choctaw, Cleburne, Dallas, Greene, 
Hale, Jefferson, Lowndes, Macon, Madison, Montgomery, Mobile, 
Perry, Pickens, Randolph, Talladega, Washington, and Wilcox. In 
case of a vacancy in the office in any of the excepted counties, the 
vacancy is filled by the Superintendent of Education. 

§ 955. Terms of office. — The terms of office of county 
superintendents of education, unless otherwise provided, 



15 

shall be for two years and until their successor shall 
qualify; but the Superintendent of Education may, at 
any time, for good cause shown, remove from office any 
county superintendent of education. 

§ 596. Oath of office and bond. — Every county superin- 
tendent of educa»tion, before entering upon the duties of 
his office, must take the oath of office prescribed by the 
constitution, and give bond in an amount to be fixed by 
the Superintendent of Education, but in no case to be 
less than double the probable amount of money that may 
be in his hands at any one time, with good and sufficient 
sureties, and payable and conditioned as official bonds 
of other public officers. 

§ 957. xXpproval and record of bond. — Such bond must 
be approved by, and with the oath of office, must be filed 
and recorded in the office of the judge of probate of the 
county ; and a certified copy of the bond must also be 
filed in the office of the Superintendent of Education for 
his approval. 

§ 958. New or additional bond ; effect of notice to give. — 
The Superintendent of Education shall require of any 
county Superintendent of Education a new or additional 
bond, in the same, or a diiferent amount, as that of the 
original bond, whenever he shall find it necessary for 
the protection of the educational fund of the county ; 
and no county superintendent of education, after receiv- 
ing notice to give such new or additional bond, shall con- 
tinue in the discharge of the duties of his office until such 
new or additional bond is given. 

§ 959. Compensation. — Each county superintendent 
of education shall receive for his services four per cent, 
upon the amount of all the educational funds legally 
disbursed by him ; but such per-centum must not be 
taken or used by him until after the disbursements have 
been made, and the credits allowed by the State Super- 
intendent of Education. 



16 

Note. — In Lowndes, Franklin, Madison and Perry, the compensa- 
tion has been increased by special act of legislature. In Jefferson 
he is paid sixty-flve dollars per month, besides his State salary and 
commissions, out of county funds. 

§ 960 . His duties . — The duties of each county super- 
intendent of education shall be as follows : 

1. He shall have an office at the county site of his 
county where he must, on the first Saturday of each 
month from the beginning of the scholastic year, until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schools. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, 
devise, endowment, or otherwise, to be used in aid of, 
or in connection with money apportioned to his county 
from the educational fund, and shall faithfully keep the 
the same, separate and apart from any other funds or 
property whatsoever ; and he shall apportion, distribute 
and pay out all money raised in accordance with this 
subdivision ; but all money raised by local taxation in 
any school district or incorporated city or town, shall be 
expended for the benefit of the district, city, or town in 
which the money is raised, and by such persons and in 
such manner as are authorized by the laws of force for 
the control and government of public schools in such 
district, city, or town. 

3. [Made county superintendents custodians of educa- 
tional fund. Law now requires this fund to be deposited 
in the State Treasury.] 

4. He shall examine into the condition of all school 
funds of his county, including the sixteenth section fund, 
and sixteenth section lands unsold in his county ; and 
he is authorized and required, in the name of the State 
for the use of the township, to bring all necessary suits 



17 

for tRe recover J of the possession of siicli lands, or 
against trespassers thereon. 

5. He shall as soon as he receives the annual appor- 
tionment of the educational fund to his county, forth- 
with notify the trustees of each township or school dis- 
trict of the amount apportioned to the township or dis- 
trict . 

6. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all money received 
and paid out by him on account of the educational fund 
of his county, sho^-vdng by whom or to whom paid, and 
for what purpose, and also the amount of the educational 
fund appropriated to, and distributed in each township 
for each race ; and such book or books shall be" open for 
the inspection of all persons interested. 

7. He shall, on or before the first day of November of 
each year, forward to the Superintendent of Education, 
on blanks to be furnished him by"the latter, an annual 
report of the public schools of his county for the preced- 
ing year, which shall set forth (1) the amount of school 
money received by him from all sources to the end of the 
year, specifying how much was received from each source; 
(2) how much has been disbursed by him during such 
year, foi* what purpose and the names of teachers to 
whom money has been paid, the time they taught, and 
the total amount paid to each teacher, specifying how 
much was paid for teaching schools for the white 
race, and how much for the colored race ; (3), the amount 
of funds then in hand for each race in each township, or 
other school district in his county ; and (4) the manner 
in which, and the extent to which he has discharged the 
duties required by law to be performed by him. 

8. He shall semi-annually, on the first days of April' 
and October, make under oath, and post at the court- 
house of his county, an itemized statement of, all moneys 



18 

received and disbursed by him during the scholastic year, 
and showing the balance on hand, (In effect repealed 
by acts of Feb. 28, '87, and Feb. 28, '89.) 

9. He shall remove from office any township trustee 
when the interest of public education demands such re- 
moval, and shall fill all vacancies occasioned by removal 
from office or otherwise. 

10. He must quarterly, on the first Saturdays in Jan- 
uary, April, July and October of each year, or as soon 
thereafter as practicable, pay the teachers of the public 
schools, upon the certificate of the trustees of the town- 
ship in which the school was taught ; and in counties in 
which separate districts have been established by special 
laws, he shall pay over to the officers authorized to re- 
ceive the same their proportionate share of the school 
revenues at the times above designated. 

§ 961. Report delivered to judge of probate; duty to com- 
missioners as to. — Each county superintendent of educa* 
tion shall also deliver a duplicate of his annual report to 
the judge of probate of his county, who shall lay the 
same before the commissioners' court, or board of rev- 
enue, at its first regular meeting thereafter, and if it is 
found apparently correct, an order shall be made for its 
record on the minutes ; but if it is not found apparently 
correct, the court or board shall so report to the Super- 
intendent of Education, who shall at once make an in- 
vestigation of the accounts of such county superinten- 
dent. " 

§ 962 . Commissioners to audit accounts and count money. 
It shall also be the duty of the commissioners court, or 
board of revenue, at its regular meetings in April and 
November of each year, and it may do so at any other 
regular meeting, to require the county superintendent of 
education to bring before it his accounts and vouchers up 
to that time, and the money then on hand ; and such 
court or board shall forthwith audit such accounts^ -and 



19 

vouchers,, and (^un* tfe«- -whowej, and within ten days 
thereafter, make report of the eame to the Superinten- 
dent of Education ; but nothing contained in this or the 
preceding section shall prevent the Superintendent of 
Education from examining into the accounts and vouch- 
ers of any county superintendent of education and count- 
ing the money on hand, either in person or by some duly 
authorized agent, at any time he may deem it advisable 
or necessary. 

§ 963. Forfeiture for failure to make annual reports. — If 
any county superintendent shall wilfully fail to make out 
and forward to the Superintendent of Education any an- 
nual report required by this article, within ten days after 
the time it should be made, he shall be liable to a for- 
feiture of his pay and commissions, and to removal from 
office by the Superintendent of Education. 

§964. Vacancies, how filled; term, etc., of appointees. 
The Superintendent of Edujcation shall fill aU vacancies 
in the office of county superintendent of education, by 
appointment ; and such appointee shall hold during the 
unexpired term, and until his successor is appointed and 
qualifies, and shall give bond and qualify as is required 
of an appointee lor a full term. 



Article IV. 

TOWNSHIP TRUSTEES. 

§ 966. By ivhom appointed; term of, and eligibility tO' 
office. — Three township trustees for each township or 
other school district in eacti county who shall be free- 
holders and householders resident in said township or 
other school district, shall be appointed by the county 
superintendent of education, subject to the approval of 
the Superintendent of Education, whose terms of office 
shall be for two years, and until their successors shall 
qualify, and whose terms shall commence on the first 
day of October of each odd year. 

[Sec. 2 of an act "To regulate the apportionment of 
the school fund in this State by the Superintendent of 
Education," approved Februaiy 10, 1891, is as follows : 

Sec. 2. In lieu of township superintendents the county 
superintendent shall appoint under this law three (3) 
township trustees who shall be freeholders and house- 
holders resident in the township for which they^are ap- 
pointed.] 

Note — Three trustees dected In August of odd years in Cherokee, 
Colbert, Crenshaw, Dale, Etowah, Fayette, Franklin, Jackson, Law- 
i-ence Tallapoosa, Walker and Winston. In Blount, Covington and 
Cullman, they are elected on the last Monday in October, or within 
seven days thereafter. By act of Feb. 13, 1895. applying to the coun- 
ties of Clarke, Washington, Dallas, Talladega, Jefferson, Choctaw, 
Montgomery, Calhoun and Cleburne, there is one township trustee 
appointed for each township, with same qualifications as those pre- 
scribed in section 2 of act Feb. 10, 1891, set out above. By the last act 
mentioned (Feb. 13, 1895) the same duties are imposed on the single 
township trustee in the counties named as are to be discharged by the 
trustees under section 968 following. The township trustee is also 
exempted from rood duty and poll tax. 

§967. Esiahliahment and supervision of schools. — The 
township trustees shall have the immediate supervision 



21 

of the public schools in their township, aud shall have 
the power to establish, subject to the approval of the 
■county superintendent of education, one or more schools 
of either race in such township, as the public necessity 
may require ; but not more than two schools shall be es- 
tablished for either race in an}^ township in which the 
fund of such race does not exceed fifty dollars. 

§ 968. Meeting with parents and guardians and busi- 
ness to be transacted thereat. — The trustees in each town- 
ship shall annually, on the second Monday in Septem- 
ber, or within seven days thereafter, call a meeting of 
the parents and guardians of the children of their dis- 
trict within the educational age, and at such meeting 
they shall in consultation with such parents and guard- 
ians, and with a view to subserve their wishes, interests 
and convenience transact the following business. 

1. They shall determine the number of schools which 
shall be established in their district for the current schol- 
astic year, and shall designate the same by number. 

2. They shall fix the location of each school, the time 
of its opening, and the length of the session, which shall 
not, except as hereinafter provided, be less than twelve 
weeks. 

3. They shall when they establish the schools in their 
township, as now provided by law, apportion to each 
school so established such an amount of the public school 
revenue apportioned to the township for the current 
scholastic year as they may deem just and equitable and 
for the equal benefit of the children thereof between the 
ages of seven and twenty-one years. 

4. They shall determine the number, and what child- 
ren shall be transferred from their district to the schools 
of other districts, and to what districts transferred, dur- 
ing current the scholastic year, and shall set apart an 
amount of the money apportioned to their district to pay 
for such transfer!^ children , which shall be in the proper- 



22 

tion that the number so to be transferre^i b^ars to the whole 
number of children within the educational age in their 
district; and if it should be deemed impracticable to 
establish in their district a public school for the children 
of either race, on account of the want of a sufficient 
number of such race living within a reasonable distance, 
they shall determine whether any of such children can 
be conveniently transferred to a public school in another 
district, and those that can not be transferred, and that 
have actually attended some school in this State for the 
time during which the public schools were kept open for 
the current scholastic year, shall be entitled to the bene- 
fits of the amount apportioned to their district; and they 
shall determine the amount to which each of such child- 
ren shall be entitled, and the same shall be paid by the 
the county superintendent of education to the parent or 
guardian of such child, fof- Whicha receipt'shall be taken 
as in case of payments to tea.cher9. 

[But no child who has attended (5tie' public school 
shall be permitted to attend another the same scholastic 
year unless by the consent of a majority of the trustees 
of the township in which the -school is Situated, provided 
the child has attended the number of days to which it is 
entitled.— Act Feb 21 , 1893,] 

[A.nj person residing in thf) St^fee ©f Alabama . who 
shall pay a local or special school tas oa real estate val- 
ued at five hundred dollars or more, in any city or town 
or school district of said state, shall be entitled to the 
privileges and benefits of the schools in such cities or 
towns or school districts, the -«am0 -dis those resident 
therein.— Act Feb. 14, 1893.] 

5, Such other business as may be necessary to -carry 
out the provisions of the law. 

[By act approved February 21, XS-QS it is provided 
that in townships where less than the requisite number 
of children of the proper school -age reside it shall be the 



23 

duty of the school trustees of such townships to arrange 
for the teaching of such children as they deem proper 
and just, subject to the approval of the county superin- 
tendent of education, and to pay for the tuition of such 
children in the manner prescribed b}^ law, out of the 
school funds appropriated to such townships. 

§ 969. Report after such meetwg. — They shall, within 
ten days after such meeting, report to the county super- 
intendent of education the number and location of the 
•sthools, the names of the teachers employed, and the 
amount of money apportioned to each school. 

§ 970. Notice and duration of meeting ; effect of fuUure to 
attend. — Such meeting shall be called by posting, ten 
days previously thereto, written notices of the time and 
place of meeting, and of the business to be transacted 
thereat, in not less than three public places in the dis- 
trict ; and the township trustees shall have the power 
to continue the meeting from day to day until all the 
business has been transacted, and they may adjourn the 
same to a future day, not exceeding one week ; and if 
the parents and guardians fail to attend such meeting*, 
the township trustees shall, in their absence, proceed to 
perform the duties require'd of them. 

§ 971. Appeal to county superintendent, tvhosc decis- 
ion is fnal: — An appeal may be taken from the decision 
and action of the township trustees, had and done at the 
time and place of such meeting, to the county superin- 
tendent of education, who shall notify the township 
trustees of the appeal, and shall appoint a day on which 
to hear and determine the same, and whose decision 
shall be final. 

§ 972. When hut one school in toh-nship, how located; 
change of location. — When but one school is eptablihhed 
in a township, it shall be so located as to accommodate 
the largest number of pupils, and to encourage the build- 
ing of a permanent school-house as near the centre of 



24 

the township as possible, whenever it can be done with- 
out material injury or inconvenience to the children with- 
in tlie educational age ; but such location may be chang- 
ed by the township trustees from year to year, in order 
to provide for those who were not in reach of the school 
in previous years ; and in the location of public schools, 
township trustees must have reference to the population 
and neighborhood, paying due regard to any school- 
house already built, or site procured, as well as to all 
other circumstances proper to be considered, so as to pro- 
mote the interests of free public education. 

§973. To wJiat regard must be had in locating schools 
and employing teachers. — In locating public schools, and 
employing teachers, township trustees shall have due 
regard to such communities, as w^ill supplement the dis- 
trict fund, and to such teachers as will procure and teach 
-the greatest number of pupils witliin the educational age; 
the object of this section being to encourage the build- 
ing up and maintaining of large schools, which shall 
continue the longeSit term practicable; but in no case 
shall such communities and citizens , as are unable or 
unwilling to supplement the district fund, be deprived 
of the benefit of the public schools. 

. §, 974., Employing teachers and opening schools ; rules in 
refer&nce^ to. — The township trustees shall, in no case, 
contract with teachers, or -open schools until they have 
definitely determined the number and location of the 
schools in their district, and the amount of money each 
school ^hall receive from the amount apportioned to 
their district ; nor shall they contract for a school of less 
than three scholastic months, or less than ten pupils 
within the educational age, if there are more than that 
number of each race within such age, or more than fifty 
pupils to each teacher. 

§ 975. Execution of contracts luith teachers; contract for 
transferred pupils . — All contracts with teachers shall be 



25 

in writing, and shall specify the a mount to be paid per 
month from the district fund, and shall be executed in 
duplicate, one of which shall be filed with the county 
sujperintendent of education for his approval within ten 
days after it has been signed ; and no such contract shall 
be valid without his approval; and the township trustees 
shall also, in like manner, contract with teachers for 
transferred pupils. 

§ 976. Visits to schools. — The township trustees shall 
visit the schools in their district at least once during 
each scholastic year. 

§ 977. Removal of teachers ; payment for time taught. — 
The township trustees may, for any cause sufficient in 
their judgment, terminate the contract of, and remove 
any teacher ; but such teacher shall be allowed pay for 
the time he taught according to the terms of his con- 
tract. 

§ 978. Register of daily attendance required of teachers. 
— The township trustees shall require the teachers of 
public schools to keep a register of the daily attendance 
of the pupils in the school taught by them, and to sub- 
mit such register to them for their inspection. 

979. Enumeration of children; reports thereof — The 
township trustees must, during the month of August of 
each odd year, make an enumeration of all the children, 
white and black, male and female, within the educa- 
tional age, in their district and report the same, in du- 
plicate, to the county superintendent of educaLiori by 
the first day of September following ; and the county 
superintendent of education shall make to the Superin- 
tendent of Education a written report of the several 
enumerations made to him by the township trustees, 
. by the fifteenth day of September of such year. 

§ 930. Bonds when lands about to he sold or leased. — 
When any township trustees are about to sell or lease 
any school lands, they must give bond with sufficient 



26 

sureties, payable to the State, in a sum to be fixed by 
the county superintendent of education, equal to the 
value of the school lands, or the amount of the school 
funds of their township, and with condition to discharge 
their duties faithfully so long as they may continue in 
office, or discharge any of the duties thereof; which 
bond must be approved by the county superintendent of 
education, and. by him filed in his office. 

§ 981. Report of income for rent or lease of school lands. 
— When any portion of the 16th section or other school 
lands in any township has been rented or leased , it shall 
be the duty of the township tri:i.stee to at once report to 
the county superintendent in writing a description of 
the lands, to whom rented or leased, the time when due 
and how the payment is secured. It shall be the duty 
of the county superintendent so soon as this report is 
received by him, to file the same in his office, and to re- 
port to the State Superintendent all the facts contained 
in the report of the township trustees. That it shall be 
the duty of the township trustees when money is paid 
to them on such routings or leases, to at once report the 
amount, and on which account paid, to the county super- 
intendent, whose duty it shall be to report the same to 
the State Superintendent, being careful to give the num- 
ber of the township and range, and for what year the 
rental or lease money was paid, in making the appor- 
tionment of school funds for the year following the re- 
ceipt of the report. 

§ 982. Exemption from road and jury duty , and poll- 
tax. — Township trustees are exempt from road duty, jury 
duty and poll-tax, so long as they shall continue in office 
and perform the duties thereof ; and the certificate of 
the county superintendent of education of that fact shall 
be evidence thereof. [These exemptions have been held 
void by an opinion of the Attorney General.] 



CHAPTERS. 

PUBLIC SCHOOLS. 

Article 1. — Teachei's. 

2. — ^Educational board, and teachers' institutes. 
3. — Districts, pupils and scholastic periods. 

Article I. 

TEACHERS OF PUBLIC SCHOOLS. 

§ 983. Certificate of qualification . — There shall be three 
grades of teachers' certificates, to be known as certifi- 
cates of the first, second and third grades, each of which 
must show the branches in which the holder has been ex- 
amined, and his relative attainments therein ; and every 
teacher in the public schools must obtain a certificate in 
one of such grades; but in no case shall an applicant for 
the position of teacher receive a certificate who fails to an- 
swer correctly seventy per cent, of the questions pro- 
pounded by the board of examiners. 

984. Examination of teachers. — Every applicant for a 
teachers' certificate must be examined on the following 
subjects : For the third grade, in orthography, reading, 
penmanship, practical arithmetic through fractions, pri- 
mary geography and the elementary principles of physi- 
ology and hygiene ; for the second grade , on all the fore- 
going subjects, and also in practical arithmetic, history 
of the United States, English grammar, intermediate 
geography and elementary algebra ; for the first grade, 
on all the foregoing subjects, and also in higher algebra, 
natural philosophy, geometry and the theory and prac- 
tice of teaching. 



AN ACT. 

To provide for the teaching in the public schools of Phy- 
siology and Hygiene, with special reference to the ef- 
fect of alcoholic drinks, stimulants and narcotics upon 
the human system. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That in addition to the branches in which in- 
struction is now given in the public schools, instruction 
shall also be given as to the nature of alcoholic drinks 
and narcotics, and special instruction as to their effect 
upon the human system, in connection with the several 
divisions of relative physiology and hygiene, and such 
subjects shall be taught as regularly as other branches 
are taught in said schools. Such instruction shall be 
given orally from a text book in the hands of a teacher 
to the pupils who are not able to read ; and shall be given 
by the pse of text-books in the hands of the pupils in 
case of those who are able to read, and such instruction 
shall be given as aforesaid to all pupils in all public 
schools in the state to all the grades until completed in 
the high schools. 

Sec. 2. Be it further enacted, That no certificate shall 
be granted hereafter to any new applicant to teach in 
the public schools of Alabama, who has not passed a 
satisfactory examination in the study of the nature of 
alcoholic drinks and narcotics, and of their effects upon 
the human system, in connection with the several divi- 
sions of the subject of physiology and hygiene. (Act 
took effect Sept. 20, 1891.) 

§ 985. How long certificates are valid. — A third grade 
certificate shall be valid for one year ; a second grade 
-certificate, for two years ; and a first grade certificate, 



29 

for thiee years, in the county in which the same is 
issued. 

§ 986, Register kept hy teacher and submitted. — Every 
teacher of a public school must keep a register of the 
actual daily attendance of the pupils in his school, and 
must submit such register to the township trustees for 
their inspection. 

§ 987. Quarterly report ; not entitled to compensation until 
forwarded, — Every teacher of a public school must, with- 
in five days after the end of each scholastic quarter, for- 
ward to the county superintendent of education a com- 
plete report, setting forth the enrollment, attendance, 
number of transferred pupils, and from what township 
transferred, the branches taught, and the number of 
pupils in each, distinguishing between male and female, 
and stating whether a white or colored school ; also 
the monthly pay from school revenue from the townships 
in which the school is located, and from transferred pu- 
pils , stating township and range from which they are 
transferred ; also the number of days taught, the amount 
due for services from school revenues of the township, 
the number of visits by township trustees, and the name 
and post office of the teacher ; and such report must be 
sworn to by the teacher before the township trustees, 
and approved by them ; and no teacher can draw any 
pay for services rendered by him until he has forwarded 
his report in accordance with the requirements of this 
section. 

§ 988. To he paid quarterly . — The teachers of public 
schools shall be paid quarterly, on the first Saturdays 
in January, April, July and October, or as soon thereaf- 
ter as practicable. 



Article II. 

EDUCATIONAL BOARD AND TEACHERS' INSTITUTES, 

§ 989. Educational board ; how constituted; power to Jill 
■vacancies. — There shall be established in each county of 
the State an educational board, composed of the county 
superintendent of education, who shall be the president 
thereof, and of two teachers, either in private or public 
schools of the county, who shall be appointed by such 
superintendent at the beginning of each scholastic year, 
or as soon thereafter as practicable, and who shall hold 
office during the current scholastic year, and one of whom 
shall be appointed secretary; and a majority of the 
board shall be necessary for the transaction of any busi- 
ness. The county superintendent of education shall have 
power to fill all vacancies that may occur in such board. 

§ 990. Meetings of hoard, — Such board shall meet quar- 
terly at such times and places as they may designate; 
but may meet oftener when deemed advisable by them. 

§ 991. Examination of applicants; effect of diploma. 
Applicants for license to teach in the public schools of 
the county must be examined by such board, and the 
questions and^answers in such examination must be in 
writing, and^must be preserved by the board for one 
year, open to inspection ; and when an applicant is found 
duly qualified, and is of good moral character, he must, 
on the payment of a fee of one dollar, which shall be 
divided between the two members of the board appoint- 
ed by, and acting with the county superintendent of edu- 
cation, receive a license to teach in the public schools of 
the county, which must be signed by the president and 
secretary of the board ; but a diploma from any chartered 
institution of learning will entitle the applicant to such 



31 

a license without examination, on proof of good moral 
character, and payment of the license fee. 

Note. — Graduates of State normal schools, holding diplomas, signed 
by the State Superintendent, are exempt from examination or pay- 
ment of the fee of one dollar and are, by terms of the law establish- 
ing our normal schools, "entitled to teach anywhere in the State 
without further examination." 

§ 992. Register of licenses kept ; cancellation noted there- 
on. — A register of all licenses issued by the board shall 
be kept by them ; and whenever any license shall be can- 
celled, that fact shall be noted on such register, together 
with the cause of such cancellation. 

§ 993. Cause for cancellation of license. — Whenever 
it shall appear to the board that any teacher to whom 
a license has been issued has been guilty of intemper- 
ance, or of unworthy or disgraceful conduct, his license 
shall be cancelled, and his name stricken from the regis- 
tered list of teachers by the board. 

§ 994. Examination, license and register necessary . — No 
teacher shall be employed in any of the public schools 
of any county in this State, or receive any of the school 
funds, unless he has been so examined, has received such 
license, and the same has been so registered in the county. 

§ 995. Teachers' institute to he organized. — It shall be 
the duty of the board of education in each county to 
organize and maintain therein teachers' institutes, one 
for teachers who are white persons, and one for teachers 
who are colored persons, to be held at such times and 
places as the board may prescribe ; but there shall not 
be less than ten licensed teachers in .the county of the 
race for whom such institutes shall be organized. 

§ 996. Officers and members of institutes ; no fee imposed 
without consent. — The county superintendent of educa- 
tion shall be the president of such institutes , and the mem- 
bers of the educational board shall be the vice-presidents 
thereof, one of whom shall preside over its meetings in 
the absence of its president; the other officers thereof 



32 

may be elected. Every teacher of the county holding a 
license shall be a member of the institute organized for 
his race. But no fee or assessment shall be imposed on 
a member without his consent. 

§ 997. Meetings of institutes. — There shall not be less 
than three meetings in each year of such institutes, one 
of which shall be held in the month of September, and at 
this meeting an address to the teachers shall be made by 
some person selected by the educational board ; and 
teachers holding licenses shall attend at least one of such 
meetings. 

§ 998. Business of the institutes. — The meetings of the 
institutes shall be devoted mainly to discussions and 
instructions in regard to the methods of teaching and dis- 
ciplining schools, and to the text-books used, and other 
matters connected with the schools and school laws. 



Article III. 



DISTRICTS, SCHOOLS AiJD SCHOLASTIC PERIODS. 

§ 999. School districts ; establishment and supervision ; 
capacity to hold property . — Every township and fraction of 
township, which is divided by a State or county line, or a 
any river, creek, or mountain, or other barrier rendering 
intercourse betw^een the different portions of the town- 
ship difhcult, and every incorporated city or town hav- 
ing throe-thousand inhabitants or more, shall constitute 
a separate school district; and each of them shall be 
under a township superintendent as to all matters con- 
nected with public schools. : Each township, or other 
school district, in its corporate capacity, may hold real 
and personal property ; and the business of such corpor- 



33 

ations, in relation to public schools and school lands, 
shall be managed by the township or district trustees. 

§ 1000. Pupils entitled to instruction in pnblic schools. 
Every minor over the age of seven years shall be en- 
titled to admission into, and instruction in any public 
school of his or her own race or color in this State. 

[See § 968 for limitations on this right.] 

§ 1001. Scholastic periods. — The Scholastic year shall 
begin on the first day of October of each year, and end 
on the thirtieth day of September of the following year ; 
twenty days shall constitute a school month, and a 
school day shall be not less than six hours. 

§ 1002. Pablic examinations and certificates to pupils. 
Public examinations must be held in the public schools 
at least once in every year ; and when the educational 
board shall be satisfied that any pupil has become 
thoroughly educated in all the branches of free instruc- 
tion in any one of such schools, they shall give to him or 
her a certificate to that effect. 

§ 1003. Seperate schools for the tvjo races. — In no case 
shall it be lawful to unite in one school children of the 
white and colored races. 



CHAPTER IV. 

APPORTIONMENT AND DISBURSEMENT OP SCHOOL FUNDS. 

§ 1004. Certificate and apportionment of educational 
fund for scholastic year. — On the first day of October of 
each year, or as soon thereafter as practicable, the au- 
ditor shall certify to the Superintendent of Education 
the amount of money which has accrued and been placed 
by him to the credit of the educational fund for the 
scholastic year commencing on that day, stating specifi- 
ically the amount derived from each source, and any 
unexpended balance there may be from the appropria- 
tion of the previous year to be carried forward ; and the 
amount so certified shall be apportioned by the Super- 
intendent of Education, and be drawn and disbursed as 
provided by law. 

§ 1005. Contingent expenses and amount for normal 
schools set apart; residue apportioned. — As soon as such 
certificate is received by the Superintendent of Educa- 
tion, he shall set apart out of the general fund a suffi- 
cent amount to pay such expenses of the department of 
education as are by law payable out of such fund, and 
the amount necessary to cover the expenses of normal 
schools ; and he shall then apportion all the balance of 
such fund, as near as practicable, among the several 
townships and school districts in the State, as herein- 
after provided. 

§ 1006. Amounts apportioned certified to auditor ; no ■ 
warrants drawn in excess ; balance unapportioned certified 
to treasurer. — As soon as such amounts have been set 
apart, and such apportionment has been made, the 
Superintendent of Education shall certify to the auditor 
the amount set apart for each particular purpose or ap- 
propriation, and the total amount of the apportionment 
to the several school districts in each county for each 



35 

race ; and the auditor shall see that no warrants are 
drawn against the educational fund, for any purpose, for 
any amount in excess of the amounts so certified as set 
apart and apportioned ; and he shall certify to the treas- 
urer the amount of the school revenue, exclusive of poll- 
tax, uuapportioned by the Superintendent of Education ; 
and the treasurer shall set apart the amount out of any 
money received from the taxes of the current year, and 
he shall keep the same separate and apart from all 
other revenues, and shall not pay out any of such 
money except upon warrants for school purposes. 

§ 1007. Interest on sixteenth section or other trust fund 
first set apart; effect of apportionment. — In making the 
apportionment of school money to the several districts, 
the Superintendent of Education shall first set apart 
to each township, or other school district, the amount 
due from the State thereto as interest on its sixteenth 
section fund , or other trust fund held by the State ; 
and all townships or school districts, having an income 
from such source, or from the lease or sale of sixteenth 
section lands, shall not receive anything out of the balance 
of the educational fund to be apportioned, until all 
other townships or school districts, having no trust 
fund, shall have received from the general fund such 
amount as will give them an equal per capita appor- 
tionment with the townships or districts having such 
income . 

§ 1008. Apportionment; basis of, how made. — The 
Superintendent of Education shall apportion the edu- 
cational fund to the respective townships or school 
disfcricts, subject to the provisions of the preceding 
section, according to the latest oflficial returns of the 
enumeration of school population of the townships or 
other districts, which have been made to his office; 
and he shall also apportion the fund for each town- 
ship between the races therein ; but when the town- 



36 

ship trustees of any township or district have failed 
to make and return the census enumeration of their 
township or district, as required by law, the Superin- 
tendent of Education shall make the apportionment to 
such township or district, according to the best infor- 
mation he can obtain as to the school population of 
such township or district ; but in no event shall he, 
in case of such failure, estimate the school population 
of any such district or township at more than the 
number shown by the last official report to his office. 
(See section 950 subdivision 4.) 

§ 1009. Apportiomnent recorded, and certified to county 
superintendents; when contracts for schools invalid. — As 
soon as such appointment is completed, the Superin- 
tendent of Education shall have the same recorded in 
his office, in books kept for that purpose, showing the 
amount which has been apportioned to each school dis- 
trict, and the source or sources from which the same 
was derived, the amount to each race in the district, and 
the number of children of each race in the district upon 
which the apportionment was based ; and he shall then 
furnish to each county superintendent of education a 
certified copy from such books, showing the dividends 
of the educational fund to each township or district un- 
der the latter 's supervision ; and the amount so divided 
and certified shall be the total amount which each of 
such school districts shall be entitled to receive from the 
State, except the poll-tax, during the current scholastic 
year ; and no contract to pay for any school or schools, 
for any district, more than the amount thus apportioned 
to it, together with such poll-tax as it may receive, and 
such funds as may be in hand from any previous year^ 
shall be valid against the State or township. 

§ 1012. Amount due each county apportioned and certi- 
fied to auditor. — The Superintendent of Education shall, 
by the tenth day of October in each year, or as soon 



87 

thereafter as practicable, apportion to every county the 
amount of school money such county will be entitled to 
receive for the scholastic year, from all sources except 
from poll-tax and the special tax, if any, levied for school 
purposes in any county ; and he shall certify the same 
to the auditor. 

PAY ROLLS . 

(The following is from Acts 1886-7 and 1888-9.) 

§ 1. That on the 15th days of March, June, Septem- 
ber and December the county superintendent shall make 
in duplicate, for each race separately, a pay roll, show- 
ing the names of all teachers engaged in teaching public 
schools in their counties with their postoffice address, 
and the estimated amount that will be due to each teacher 
at the end of the current quarter from the funds of each 
township and range in its regular numerical order ; and 
shall append thereto an affidavit that the same is correct. 
One of said pay-rolls shall be retained by the county su- 
perintendent, and the other he shall forthwith forward 
to the Superintendent of Education, who shall examine 
the same, and if found correct it shall bo approved by 
him, and filed with the Auditor of the State. 

§ 2. The Auditor shall, immediately uj)on the receipt 
of such pay roll, draw a warrant on the State Treasurer 
in favor of the county superintendent of each county for 
a sum which will be equivalent to the amount estimated 
to be due on said pay roll, and two per cent, thereon, 
and one-quarter of the salary due to the county superin- 
tendent of education, and shall file said warrant, together 
with the pay-roll upon which it is based, with the State 
Treasurer, whereupon it shall be the duty of the State 
Treasurer to forward by express or exchange, at the ex- 
pense of the State, the amount of such warrant, and the 
pay-roll and duplicate receipts for said sum, including 



38 

the express charge or exchange premium, if any. Tho 
county superintendent of education must immediately 
upon receipt of said sum, sign the duplicate receipts and 
return one to the State Treasurer, who shall attach it to 
the appropriate warrant, and the other shall be returned 
to the Auditor. 

§ 3 . That immediately upon the receipt by the county 
superintendent of the amount of the quarterly or monthly 
pay-roll, he shall pay the te«,chers, taking their receipt 
therefor on both oopies of said pay-rolls, and must, by 
the 15th day January, April, July and October, return 
the approved copy of said receipted pay-roll to the State 
Superintendent of Education. 

§ 4. The Auditor shall have prepared the necessary 
blank pay-rolls, receipts and warrants to be used in car- 
rying out the provisions of this act, and shall from time 
to time, as experience requires it, prepare new blanks for 
that purpose, so as #o facilitate and effectually carry out 
the intention of this act. 

§ 9. That in those counties in the State of Alabama, 
or separate school districts wherein the teachers are now 
paid monthly by law, it shall be the duty of the connty 
superintendent, or the superintendent of such district, as 
the case may be, to make out and forward to the Super- 
intendent of Education on the 2'Oth day of er-ery month, 
a pay-roll as hereinbefore provided for, and the State 
Superintendent of Education, the Auditor and the State 
Treasurer shall each, severally, perform all the acts and 
duties hereinbefore required of them so that Said teacher 
may be paid monthly. 

§ 10. Upon the return of any receipted pay-roll to the 
State Superintendent of Education, if it should appear 
that there is in the hands of the count}'' superintendent 
any balance, the amount of said balance shall be charged 
to him and shall be deducted from the amount of tho 
next quarterly or monthly pay-roll. 



39 

, § 11. Any county superintendent, or any superinten- 
dent of a separate school district, wlio fails to make out 
and forward any pay-roll required by this act, or who 
fails to sign and return the receipts hereinabove provided, 
or who fails to pay the teachers within fifteen days after 
the receipt by him of the money, or who fails "to return 
•aid receipted pay-roll must, on conviction, be fined not 
less than one hundred dollars, and must also be removed 
from office by the superintendent of education , or if he 
has been elected to such office, must be suspended by the 
Governor until he shall have fully performed all of said 
acts and faithfully discharged all of the duties required 
of him by law. 

§ 13. Any county superintendent "who shall demand, 
receive or take from any teacher any return, commission, 
rebate, fee or gratuity to influence him in the perform- 
ance of any of his official duties, must, on conviction, be 
fined not less than five hundred dollars, and may also be 
sentenced to hard labor for not less than three months. 
(Approved Februajy 28, 1887. Amended February 28, 
1889.) 

POLL TAX. 

§ 1010, Poll-tax received from each county. — Each 
county shall receive as school money all the poll-tax col- 
lected therein ; and the same shall be its full distributive 
share of the aggregate poll-tax collected in the State. 

§ 1011. Each township and race entitled to its poll-tax; 
report as to s^ich tax. — Each township or othei- school dis- 
trict is entitled to receive, for the support of the public 
schools therein, all the poll-tax raised in and for such 
township or district ; and the county superintendent of 
education of each county shall see that the amount of 
poll-tax paid by white persons shall be applied exclusively 
to the maintenance of schools for white pupils, and that 



40 

paid by colored persons exclusively for the maintenance 
of schools for colored pupils, and in his annual reports, 
he must show how much poll-tax he has received since 
his last report for each race in each township or district 
of his county. 

(The following from Acts 1886-7 and 1888-9.) 

§ 5. The money which has heretofore been paid by 
the tax collector to the county and city superintendents 
including poll-tax must be paid into the State Treasury 
by the tax collectors monthly as the same is collected by 
him, in the same manner as other taxes are collected and 
paid in ; that tax collectors shall at the end of each 
month, before paying the poll-tax into the State treas- 
ury, deduct the commissions allowed by law for assessing 
and collecting, from the amount collected from each race 
in each towrtship and range, and separate school districts, 
and make a report in duplicate, showing the net amount 
due to each race in each township or separate school dis- 
trict. One of which reports he shall furnish to the 
county superintendent, and the other he shall forward 
to the State Superintendent of Education. 

§ 6. Any assessor who fails to designate on the assess- 
ment list the number of the township in which each poll 
tax payer lives, or any collector who fails to report to 
the Superintendent of Education the amount of poll tax 
collected by him from each township must, on conviction, 
be fined not less than one hundred dollars . 

§ 1. Hereafter the amount of poll tax paid into the 
State treasury to the credit of the school fund of either 
race in any township or other school district during each 
year, shall be the amount of poll tax that may be contract- 
edand used for school purposes the following year ; Pro- 
vided, That no contract for the payment of any poll tax 
for services rendered the first quarter of the school year 



41 

shall be valid, and the Auditor shall not draw his war- 
rant for any school funds derived from poll taxes for 
for the payment of teachers for services rendered during 
the final quarter of the school year. 

Note. — The foregoing section was approved February 28th, 1889. 
The Attorney-General holds, however, that no poll tax in excess of 
the amount actually in the State treasury to the credit of a county, 
'Can be legally paid out under this act. 

LOCAL AND OTHER PROVISIONS. 

* § 1016. Apportionment and expenditure of local school 
money, — All local school funds, raised for the support of 
public schools, by taxation or otherwise, shall be appor- 
tioned and expended in the district or districts in and 
for which the same were raised, under such rules and 
regulations as the township trustees, or other local au- 
thority provided by law, may prescribe ; but this section 
shall not be construed to repeal any provision for the ap- 
portionment and disbursement of the moneys mentioned 
in this chapter, or provided for in special or local laws ; 
and all funds contributed by private parties, or other- 
wise, to such district shall be applLad as indicated in the 
grant from such contributors ; and no school moneys 
distributed to the various counties from the State school 
revenue, shall, either directly or indirectly, be paid for 
the erection _of school-houses, the use of school-room 
funiture, or any other contingent expenses of schools. 

§ 1017. Apportionment of income from trust f mid when 
township divided. — Whenever a township, which has an 
income from a trust fund, is divided by a Scateor county 
line, or otherwise, into separate districts, or includes a 
city which is a separate school district, such income 
must be divided between, and apportioned to each school 
•district in such towuship according to the school popu- 
lation of each. 

§ 1018. Funds unused for two years apportioned by 



42 

county superintendent. — The county superintendent of 
education shall, in the same manner as the Superintend- 
ent of Education is required to apportion the general 
school fund, apportion among the school districts under 
his supervision all funds received by him for any partic- 
ular school district or race, which have remained un- 
used by such district or race for two years ; and he shall 
make report of such apportionment to the Superintend- 
ent- of Education as soon thereafter as practicable. 

§1019. Fund once apportioned , not used for other pur- 
poses until re-apportioned. — Funds which have accrued 
and have been apportioned to any district or race, shall 
not be used for the benefit of any other district or race , 
until the same shall have reverted to the general fund, 
and been re-apportioned under the provisions of the last 
preceding section. 

§ 1020. What part of income new districts are entitled 
to. — Whenever any separate school district is created, 
which shall embrace parts of two or more townships, 
such district shall receive its proportionate share of the 
income from any trust fund belonging to either or both 
of such townships,, according to its school population. 

§1021. Contingent fund for department of education. 
The State treasurer shall annually set apart, out of any 
money in the treasury not otherwise appropriated, the 
sum of one thousand dollars, as a contingent fund for 
the department of education ; and whenever it shall be- 
come necessary to draw on such fund the Superintendent 
of education shall certify the amount necessary, and for 
what purpose, to the auditor, who shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of Education shall keep an accurate account of 
all sums which he shall certify to be paid out of such 
contingent fund, and shall furnish an itemized statement 
thereof to the Governor each year, with his annual re- 
port. 



43 

§ 1022. Unexpended part of such fund credited to next 
year. — At the close of each scholastic year, any part of 
the appropriation for the educational continguent fund, 
which may not then be expended, shall be carried forward 
by the Auditor and Sapodntendeat of Education, and 
placed to the credit of, and become a part of the one 
thousand dollars appropriated for the educational con- 
tingent fund of the next suceeding year. 



CHAPTER V. 

SCHOOL LANDS. 



Article 1. — What constitutes school lands ; incorporation of townships. 
2. — Lease of school lands. 
3, — Bale of school lands. 

Article I. 

WHAT CONSTITUTES SCHOOL LAND ; INCORPORATION OP 
TOWNSHIPS. 

§1023 (962). What are schoollands, and in whom vest- 
ed. — School lands, within the meaning of this Code, are 
sections numbered sixteen, in every township, granted 
by the United States for the use of scflools; and all school 
lands are vested in the State, in trust to execute the ob- 
jects of the grant. 

Long V. Brown, 4 Ala. 622; Yerby v. Sexton, 48 Ala. 311. 

§ 1024 (903). Incorporation of Townships. — The inhabi- 
tants of each township in the State are incorporated by 
the name of Township , in rarge , accord- 
ing to the number of the surveys of the United States. 



44 

Article II, 

LEASE OF SCHOOL LANDS. 

§ 1025 (967) . Timher lots reserved . — The township trus- 
tees, after the surveys and plats provided for in the nex* 
■succeeding article of this chapter, may select such lots 
as they think proper, to reserve from cultivation for the 
benefit of the timber thereon, and must mark the same 
"reserved" on the plat thereof. 

§ 1026 (968). Other lands leased; terms of lease. — The 
township trustees -may lease, for not exceeding five years, 
the lots so laid out and not reserved, and may stipulate 
for such improvements as they may deem expedient, 
and may require, if they think proper, security for rents 
and improvements; the rent is to be paid annually, but 
in case of improvements, they may stipulate for the rent 
to commence after the commencement of the lease. 
Note. — As to reports requii-ed of township Trustees, see § 981. 

§ 1027 (969). Rent payable to the township. — All notes, 
bonds and contracts for the lease of school lands are to 
be made payable to the township by its corporcate name. 

'§ 1028 (970) . Lands rented at public auction; notice — 
All school lands must be leased, at some place in the 
township, at public auction; and at least six weeks 
previous notice shall be given by advertisement at three 
public places in the township, designating the time and 
place ; and such other notice may be given as the town- 
ship trustees may deem expedient. 

§ 1029 (971). Duties of lessee. — The lessee is bound to 
treat the land, houses and improvements in a careful 
Bnd husbandlike manner ; to commit no waste ; and he 
must comply with such further restrictions as the town- 
ship trustees may deem expedient to insert in the lease ; 
and if such lessee or any person claiming under him, 
commits waste, or fails to comply Avith any other stipu- 



*45 

ration in the lease, the township trustees have the right 
to declare the lease forfeited . 

§ 1030. (972) . Timber lats ; ho2v used. — The lots reserv- 
ed for timber are for the common benefit of the lessees of 
the other lots ; but no timber must be cut down, injured, 
or df'P^rcn-f'd , as lonc^ fis th^rp is snflficipnt '^■r otlT^r lots. 
which the township trustees are to determine ; and the 
lessees must in no case, cut down, injure, or destroy 
such timber without permission of the township trustees 
which may be given on such terms as they may think 
proper j having a due regard to the interests of the town- 
ship. 

§ 10t)l (973). Penalty for injury to timber. — Any per- 
son who, without authority, cuts down, injures, or des- 
troys any tree on school lands, shall forfeift and pay for 
every such tree ten dollars, to be recovered before any 
court having jurisdiction, in the corporate name of th& 
township. 

§ 1032 (974) . Fines paid into the treasury for school 
fund. — All fines and forfeitures under the preceeding sec- 
tion shall be paid into the State treasury, and added to 
the principal of the school fund of the township. 

Article III. 

SALE OF SCHOOL LANDS. 

§ 1033 (975). Election as to sale of school lands. — The 
township trustees of any township may , on giving twenty 
days' notice by advertisement at three of the most pub- 
lic places therein, hold an election to ascertain the. sense 
of tho township respecting the sale of school lands be- 
longing thereto, and may appoint the place where such 
election is to be held, and three inspectors to manage the- 
same. 

Tankersly v. State Bank 5 Ala. 277. 



46 

§ 1034 (976).-Oa^^s of inspectors of election. — The in- 
spectors, before such election, must take an oath to con- 
duct the same fairly, which may be administered by one 
to the other ;^and they may appoint clerks. 

§ 1035 (977) . Absence of inspectors. — If any inspectors 
are absent, those present may supply their places, and 
if none attend, any three freeholders or -householders of 
the township may act. 

§ 1036 (978). Polls.— l^hQ polls are to be open at 
eleven in the morning and close at five in the afternoon. 

§ 1037 (979). Manner of voting. — The voters must 
write upon their tickets ''sale" or "no sale," and de- 
posit them in the ballot box; and the inspectors, after 
ascertaining the result, must certify the same to the 
township trustees. 

§ 1038 (980) . If majority for sale, survey made and min- 
imum price fixed. — If, on such election, there is a majori- 
ty of the voters of the township, over the age of twenty- 
one years, voting thereat in favor of a sale, the town- 
ship trustees are to have the lands surveyed in lots so as 
to comma,ndthe highest price, have a plat of such sur- 
vey made, and, being sworn fairly to value such lots, to 
fix a minimum price upon each. 

§ 1039J(981). Plat to he kept free to inspection. — Such 
plat, with the minimum price marked upon each lot, is 
to be kept by^the township trustees free to the inspection 
of all persons desiring to examine the same. 

§ 1040|(882) . Notice of sale. — As soon as the lands are 
surveyed, the township trustees must give thirty days* 
notice of the time and place of sale, by advertisement at 
three public^places in tjie township, and in such other 
mode as they^may think proper. 

§ 1041 (983) . Sale at public auction; terms of sale. — On 
the day 'appointed for the sale, between the hours of 
eleven in the morning and two in the afternoon, each lot 
must be offered separately, and sold at public auction to 



47 

the highest bidder at or above the minimum price. If 
such minimum price is fifty dollars, or under, the sale 
must be for cash ; if the minimum price is over fifty dol- 
lars, but not more than one hundred and fifty dollars, the 
sale must be on a credit of one year, unless the amount 
bid for the lands should exceed one hundred and fifty 
dollars, in which event the sale must be on a credit of 
one and two years, in equal annual installments ; if the 
minimum price, or the amount bid for the lands, is one 
hundred and fifty dollars, or over, but less than three 
hundred dollars, the sale must be on a credit of one and 
two years, in equal annual installments ; if the minimum 
price, or the amount bid for the lands, is over three hun- 
dred dollars but less than five hundred dollars, the sale 
must be on a credit of one, two, and three years, in equal 
annual installments ; and if the minimum price, or the 
amount bid for the lands, is five hundred dollars, or 
more, the sale must be on a credit of one, two, three and 
four years, in equal annual installments ; when the sale 
is on a credit, the purchaser must give his liotes, with 
two or more sureties, approved by the township trustees, 
payable to the State of Alabama, for the use of the town- 
ship, designating it by its number and range, and speci- 
fying, by the legal subdivisions, the particular portions 
of the section for which the notes are given. All notes 
for purchase of school lands, sold under the provisions of 
this article, must bear interest at the rate of eight per 
cent, per annum from date. 

§ 1042 (984) . Provisions directory. — The provisions of 
this article, in relation to the sale of school lands, must 
be construed as directory only. 

§ 1043 (985) . Report of sale; disposition of purchase 
money and notes. — The township trustees, within twenty 
days after such sale, must make return thereof to the 
Superintendent of Education, specifying the date of the 
sale, the names of the purchasers, the quantity and a 



48 

particular description of the land sold to each, the price 
paid, or to be paid, by each purchaser, and the amount 
of the purchase money retained to defray the expenses- 
of the survey and sale; and they must, at the same time,, 
pay over to the Superintendent of Education all the 
monev' which may have been received by them as pur- 
chase money for such lands, after deducting such amount 
as they may be allowed by law to retain to defray the ex- 
penses of the survey and sale ; and also, at the same time, 
turn over to the Superintendent of Education all notes 
which may have been taken by them for such lands; and 
the Superintendent of Education must give them a re- 
ceipt for such money and notes, and file the return and 
notes in his office, and make proper record of the notes. 
§ 1044 (986) . Resale of lands. — If any purchaser fails 
to make the payment, or give his notes with approved 
sureties, as required, the land bid off by him must be im- 
mediately resold, if practicable, but if it is not practica- 
ble to make the resale at once, it must be advertised and 
resold at a £uture day, as if no sale had been made ; and 
the first purchaser shall be responsible for the difference 
between his bid and the amount for which the land is 
subsequently sold, if such amount is less than the bid of 
such first purchaser. 

Commissioners v. Aiken, 5 Port. 16©. 

§ 1045 (987). Certifi.caU of purchase. — The township 
trustees , on receiving from the purchaser the cash pay- 
ment, and his notes for the deferred payments, must 
give to him a certificate of purchase, describing the land 
purchased, and showing the number of acres, and the 
amount of the purchase money. 

Tankersly v. State Bank, 5 Ala. 277. 

§ 1046 (988) . Effect of certificate of purchaser. — Such 
certificate conveys to the purchaser, his heirs, or assigns, 



49 

a conditional estate in fee, to become absolute on the 
payment of the purchase money and interest, and to re- 
vert to the State for the uses originally granted in the 
following cases : 

1. When all the notes have become due, and the 
makers have left the State or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, and 
execution has been returned ' 'no property' ' by the proper 
officers of the county in which the township lies ; or 
when judgment is had, and execution returned against 
any one or more of such makers "no property," and the 
others have left the State, or died insolvent. 

§ 1047 (989) . Revesting of title; clerk to certify facts; 
penalty for failure; costs . — No proceeding is necessary to 
revest the title in the State on the happening of the 
events specified in the preceding section, but such lands 
may be recovered in the name of the State, for the use of 
the township, against any person in possession of the 
same, upon proof of the facts; and it is the duty of the 
clerk of the court in which the suit was pending, or the 
judgment recovered, to certify the facts to the Superin- 
tendent of Education, on the happening of the events 
specified in the second and third subdivisions of the pre- 
ceding section, and failing to do so within a reasonable 
time, he forfeits the sum of one hundred dollars ; one-half 
to the person suing for the same, and the other to the 
State for the use of the township . When no money is 
recovered in suits on notes for purchase money of school 
lands, no costs must be taxed against the township for 
such suits. 

§ 1048 (990) . Compensation to township trustees; penalty 
for such defaults. — For holding the election and making 
the sale, as provided in this article, the township trus- 
4 



50 

tees shall be entitled to two dollars, which, together with 
the amount which may be allowed by law to the county 
surveyor for making the surveys and plats herein pro- 
vided for, shall be retained by them out of the purchase 
money for the lands; and purchasers shall, in all cases, 
pay enough cash to defray such expenses; and if the town- 
ship trustees fail to return the sale, or purchase money 
notes, or to pay over the money received on account of 
purchase money, to the Superintendent of Education, as 
required by law, they shall forfeit one hundred dollars, 
one-half to the person suing for the same, and the other 
to the State for the use of the township ; and on the trial 
the certificate of the superintendent as to such failure is 
presumptive evidence thereof. 

§ 1049 (991) . Fines go to school fund. — The amount 
received by the State upon recoveries, had under the 
last two preceding sections, is to be added to the princi- 
pal of the school fund of the township. 

§ 1050 (992) . Patent. — A patent issues, on the pay- 
ment of the purchase money, to the purchaser, his heirs, 
or assigns ; and when the patent is to the heirs, it vests 
a title in all persons entitled to claim in that capacity 
under the provisions of this Code. 

§ 1051 (993, 996). Issue of patent by Secretary of State; 
correction of mistake. — The Secretary of State must issue 
patents upon satisfactory evidence furnished him of full 
payment of purchase money, to any person, agent, or 
officer, legally authorized to receive such payment; and" 
upon a proof of a mistake in the issue of any patent, 
he must correct the same, or issue a new patent on the 
return of the original to his office. 

§ 1062 (995) . Issue of patents in other cases. — Ex- 
cept under the provisions of the preceding section, no 
patent must issue without the certificate of the Super- 
intendent of Education, that the whole amount of the 



51 

purchase money, specified in the certificate, with a 11 
interest thereon, has been paid. 

§ 1053 (998). Collection of past due notes. — All notes 
for school lands deposited with the Superintendent of 
Education, if not paid within six months after matu- 
rity, must be placed with the Attorney-General for col- 
lection ; but this section shall not be so construed as to 
prevent the Superintendent of Education from order- 
ing suit on notes at any time after maturity, when so 
ordered by the township trustees, or the sureties on the 
notes. 

§ 1054 (999) . Appointment of agents for collection of 
notes. — The Attorney-General may appoint agents for 
the collection of such notes, being responsible for any 
neglect on the part of such agents. 

§ 1055 (1000) . Toivnships credited with collections on 
notes. — All collections on notes given for the sale of 
school lands must be paid into the treasury of the 
State, to the credit of the proper township. 

§ 1056 (1001) . Investment of sixteenth section fund. — 
All money arising from the sale of sixteenth sections 
shall be vested in bonds of this State, or other safe 
securities, bearing interest at a. rate not less than eight 
per cent. 

§ 1057. Duties as to lands, when toiunship divided ; by 
whom performed. — When a townsliip is divided into two 
or more school district, the county superintendent of 
education, in appointing township or district trustees in 
such township, shall designate wliich of them shall dis- 
charge the duties, and exorcise the powers conferred 
upon township trustees touching the leasing, selling and 
control of school lands in such township. 



Article IV. 

An Act 

To authorize the compromise and settlement of claims 
for school lands in this State. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That it shall be the duty of the county super- 
intendents of education of the various counties in this 
State, as soon as practicable after the passage of this 
act, to investigate all claims held by the State for 
school lands in their respective counties, by taking the 
evidence of parties claiming said lands, and of persons 
who may be acquainted with material facts connected 
with such claims, by deposition, affidavit or otherwise, 
so as to ascertain as nearly as i^ossible what amount, 
if any, has been paid for land, when and to whom paid, 
the amount still due the State, a description of the lands 
and their present value. It shall also be their duty to 
report in writing to the Superintendent of Education 
all the facts and circumstances attending each particu- 
lar claim, together with recommendation as may seem 
to them just, equitable and proper under all the circum- 
stances of each particular case. To enable county super- 
intendents more effectually to carry out the provisions 
of this section, it shall be the duty of the ' Attornej^- 
G meral of the State to turn over to the Superintendent 
of Education all notes or other evidence in his posses- 
sion or under his control, of claims for school lands, ex- 
isting prior to the first day of April, 1865 ; and it shall 
be the duty of the Superintendent of Education to give 
to the county superintendents of education any infor- 
mation in his possession tending to show the true con- 
dition of such claims. 



53 

Sec. 2. Be it further enacted, That it shall be the duty 
of the Superintendent of Education to recommend to 
the Governor the' issuing of patents to such persons as 
shall appear from the facts and circumstances of the 
claims entitled thereto; and also to any persons claina- 
ing or having any interest in said lands, who shall 
pay to the State such sum or sums of money at the 
time and in the manner recommended by the county 
superintendent of education that he should pay in 
compromise and settlement of the claims due from him 
to the State for any particular portion of the school 
lands heretofore sold by the State, and upon the recom- 
mendation from the Superintendent of Education the 
Governor shall be authorized to issue such patent ; 
Provided, That before making such recommendation to 
the Governor, the Superintendent of Education shall be 
satisfied that the amount recommended by the county 
superintendent to be paid the State in compromise 
and settle of any such claim is fair, just and to the 
interest of the State, and that the same has been fully 
paid. 

Sec. 3. Be it further enacted , That should of the par- 
ties claiming said school land refuse or fail to pay the 
amount found to be due from them to the State, or 
refuse or fail to comply with the recommendations of 
the county superintendent, by refusing to or failing to 
pay or secure to the State the amount recommended 
by him to be paid, in compromise and settlement of 
such claim for any particular school land by said party 
for ninety days after he has been notified by the county 
superintendent, of the amount required to be paid or 
secured to the State by him to enable him to get a 
patent from the State to said land, that it shall be the 
duty of the county superintendent to cause suit to be 
brought in the name of the State, for the use of the 
township in which the land lies, in equity, to enforce 



54 

the lien of the State upon the said land for the whole 
amount found to be due the State, and upon the trial of 
said cause the certificate of the Superintendent of Edu- 
cation that the notes and other evidence of said claims 
are not in his oflBce, and that he has no knowledge 
where they are, shall be prima facie evidence that said 
notes have been lost, and shall authorize the State to 
introduce secondary evidence of said claim ; Provided, 
That the State shall not be liable for costs, should there 
be a failure to recover said claims. 

Sec. 4. Be it further enacted, That it shall be the duty 
of the Superintendent of Education, should it be made 
to appear to his satisfaction, that any sum or sums of 
money have been paid to the State or to any one legally 
authorized to receive the same, for any school lands, 
upon which sums the State should, but is not paying in- 
terest to the school fund of the township in which said 
land lies or to which it belongs, to take such steps as will 
secure to such township the interest at the rate of six 
per cent, per annum upon the the sums so found to have 
been paid, and it shall be the duty of the State Auditor 
to draw his warrant on the State Treasurer in favor of 
the school fund of the particular township for the 
amount so found to have been paid, and the Treasurer 
shall set apart the sum as required of other 16th section 
funds, and interest on the same shall be included in the 
Auditor's annual certificate to the Superintendent of Ed- 
ucation as upon other 16th section funds. 

Sec. 5. Be it further enacted. That for the services pre- 
scribed by this act, the County Superintendent shall be 
paid out of the sums so realized to the State, or out of 
the school fund of the township in which the school land 
lies, reasonable compensation, the amount in each case 
to be determined by the Superintendent of Education. 

Sec. 6. Be it further enacted, That all amounts receiv- 
ed or notes taken by the County Superintendents under 



55 

the provisions of this act shall at once be forwarded [to 
the Superintendent of Education, who shall pay the 
money into the State treasury as other 16th section funds, 
and the State Treasurer is authorized and required, un- 
der the advice and direction of the Governor, to [invest 
the amounts so paid over, together with all other money 
hereafter paid in on account of the 16th section lands, 
in the six per cent, or other bonds of this State. 

Sec. 7. Be it further enacted, Thsbt all laws in conflict 
with the provisions of this act are repealed. 

Approved March 1, 1881. 

SALE OR LEASE OP SCHOOL INDEMNITY LANDS. 

Under an act to authorize the Governor to prosecute 
and secure to the State the benefits resulting from all 
claims of the State of Alabama against the United States 
for or on account of swamp and overflowed lands, other 
public lands in Alabama sold or otherwised disposed of 
by the Federal Government and all other claims the 
State has under existing laws, or. may have under laws 
hereafter enacted, approved Feb. 28, 1887, the Governor 
contracted with John H. Caldwell, the latter to prose- 
cute all claims of the State against the United States re- 
ferred to in said act, the said Caldwell to be compensated 
out of the proceeds of the suits he should bring. The 
agent under this authority having recovered certain land 
for the use of the several townships in this State in which 
there was a deficiency in the amount of land heretofore 
certified to the State for their benefit. To provide for 
the proper disposition of the lands so recovered, the fol- 
lowing law was enacted : 



AN ACT. 

To provide for the sale or lease of school indemnity lands 
certified to the State of Alabama by the United States 
and to provide for the disposition of the proceeds there- 
of. 

Section 1. Be it enacted by the General Assembly of Ala- 
bama, That the Superintendent of Education of this 
State be, and he is hereby authorized and empowered to 
sell and dispose of all the lands which have been hereto- 
fore or may hereafter be certified to the State for the use 
and benefit of the several townships above referred to, 
subject to the approval of the Governor of the State. 
Such sales shall be made from time to time at public or 
private sale, as in the judgment of the said Superinten- 
dent shall best promote the interest of the school fund of 
the State, and shall be for cash, or part cash and part on 
time, as the said Superintendent and Governor may 
deem best ; Provided, That in no case shall there be less 
than one-fourth of the purchase money paid in cash, and 
the remainder shall be payable in yearly installments, 
to extend over a period of not more than three years , 
and shall be secured by notes, with sureties to be ap- 
proved by the Superintendent of Education, which shall 
bear interest from the date of the sale . 

Sec. 2. Beit further enacted, That the proceeds aris- 
ing from such sale, after payment of all the proper costs 
and expenses of the same, shall be by the said Superin- 
tendent of Education , divided as follows : One-fourth 
thereof shall be paid over to the said Jno. H. Caldwell, 
his representatives, or assigns, and the remaining three- 
fourths shall be paid into the treasury of the State, to 
the credit of the school fund of the township to which 
the same may belong. All notes taken by the Superin- 
« 



57 

tendent of Education for the purchase of the lands sold 
under the provisions of this act, shall be held by him 
until the same are paid ; Provided, however, that if deem- 
ed, in the opinion of the said Superintendent, advisable 
in taking such notes , he may take separate notes for the 
proportion thereof, to which said Caldwell is entitled, 
and shall turn over said notes to him, his representa- 
tives, or assigns, taking his receipt therefor. 

Sec. 3. Be it further enacted, That the provisions of 
the laws of the State of Alabama, now in force regula- 
ting the sale of school lands, shall be applicable to sales 
had under this act, except in so far as the provisions of 
said law are inconsistent with the provisions of this act. 

Sec. 4. Be it further enacted. That the Superinten- 
dent of Education may, with the approval of the Gover- 
nor of the State, lease out any of said lands for a term 
not exceeding five years, or may enter into contracts per- 
mitting persons to mine iron ore, coal or other minerals 
therefrom, upon a royalty for a term not exceeding 
twenty years, and the net proceeds of all moneys receiv- 
ed from the lease of such lands, or as a loyalty for the 
minerals mined therefrom, shall at the end of each fiscal 
year, one-fourth be paid over to the said John H. Cald- 
well, his representatives, or assigns, and the other three- 
fourths into the State treasury to the credit of the town- 
ship to which said lands belong in the proportion of 
their interest therein. 

Approved December 9, 1890. 



NORMAL SCHOOLS. 



THE INDUSTRIAL SCHOOL FOR WHITE GIRLS. 



AN ACT 

To create and establish an industrial school in the State 
of Alabama for white girls. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That an industrial school for the education of 
white girls in Alabama is hereby established and shall 
be located and organized as hereinafter provided. 

Sec. 2. Be it further enacted, That the governor of the 
State shall nominate and appoint , by and with the ad- 
vice and consent of the senate, one person from each of 
the congressional districts of the State and two from the 
State at large, together with the governor, superintend- 
ent of education and auditor of the State, shall be trus- 
tees , and to serve as such for six years , except the gover- 
nor, superintendent of education and auditor of the 
State, who shall serve for the terms of their election by 
,the people of Alabama. Immediately after they shall 
be assembled, in consequence of their first appointment 
they shall be divided equally into three classes. The 
term of the first class shall expire two years from the 
date of their appointment ; the second class four years 
from the date of their appointment, and the third class 
at the expiration of the date of their appointment, so 
that one-third may be chosen every second year. If 



59 

vacancy happen by resignation or otherwise, the gover- 
nor may make temporary appointments until the next 
meeting of the General Assembly. The governor shall 
be ex-officio a member of said board of trustees, and 
shall act as president thereof in all of their meetings, 
when present, but in his absence they may choose a 
president pro tem. Five of the board of trustees shall 
be a quorum for the transaction of business. 

Sec. 3. Be it further enacted, That the secretary of 
State shall furnish a certificate to each trustee within 
ten days of his appointment, notifying him that he has 
been so appointed and elected ; and if any trustee fail 
for the space of thirty days to inform the governor of 
his acceptance, then his appointment shall be void and 
his place shall be filled as heretofore provided in cases 
of vacancy. 

Sec. 4. Be it further enacted, That the board of trus- 
tees of said institute, and their successors in ofiice be, 
and the same are hereby declared to be a body politic 
and corporate, and shall have a common seal, shall sue 
and be sued, contract and be contracted with, and may 
own, purchase, sell and convey property, both real and 
personal. 

Sec. 5. Be it further enacted, That the governor shall, 
as ex-officio president, convene the board of trustees of 
said industrial school to consider any business connected 
with the same, whenever he shall deem it expedient to 
do so ; that the said trustees shall elect a secretaiy of 
the board, whose duty it shall be to record in a well 
bound book all of the proceedings had by said board, 
and shall be allowed such compensation for his or her 
services as the board may deem proper ; that the State 
treasurer shall be ex-officio treasurer of said board of 
trustees, whose duty it shall be to secure and safely keep 
all moneys belonging to the Alabama Girls' Industrial 
School for the education of white girls in industrial 



60 

branches, and to disburse the same under the order of 
the board of trustees. 

Sec. 6. Be it further enacted , That the said board of 
trustees shall possess all the power necessary and proper 
for the accomplishment of the trust reposed in them, 
viz : The establishment and maintenance of a first-cL ss 
industrial school for the education of white girls in the 
State of Alabama in industrial and scientific branchi s, 
at which said girls may acquire a thorough normal 
school education, together with a knowledge of kinder- 
garten instruction and music ; also a knowledge of tele- 
graphy, stenography, photography and phonography, 
type-writing, printing, book-keeping, in-door carpentry, 
electrical construction, clay-modeling, architectural and 
mechanical drawing, sewing, dress-making, millinery, 
cooking, laundry, house, sign and fresco painting, home 
nursing, plumbing, and such other practical industries 
as, from time to time, to them may be suggested by ex- 
perience or tend to promote 'the general object of said 
girls' industrial school, to- wit : fitting and preparing 
such girls for the practical industries of the age. 

Sec. 7. Be it further enacted , That the board of trus- 
tees shall appoint a president and professors of said 
school, and such other officers as they may think proper 
to put the same in successful operation, and shall make 
such laws, rules and regulations for the government of 
said officers as they may deem advisable. They shall 
regulate the rates of tuition, together with the course of 
discipline necessary to enforce the faithful discharge of 
the duties of all officers, professors and students. They 
shall divide the course of instruction into departments, 
so as to secure a thorough education, and the best pos- 
sible industrial studies, selecting careful and efficient 
professors in each department, and shall adopt all such 
by-laws and regulations as they may deem necessary to 



61 

carry out all of the purposes and objects of said institu. 
tion. 

Sec. 8. Be it further enacted, That the board of trus- 
tees, as hereinbefore provided, shall receive as compen- 
Sf.tion for their services, their actual expenses in attend- 
irg any of the meetings of the board of trustees, paya- 
ble out of any funds belonging to said school. 

Sec. 9. Be it further enacted, That as it is the object 
of this act to establish said industrial school for white 
girls, with as small an outlay annually as is consistent 
with the object to be attained, the said trustees shall 
prepare a general plan of said school, together with all 
the necessary departments, dormitories and out houses ; 
also an estimate of the cost necessary school furniture, 
including cost of buildings and department appliances, 
and shall build and establish in any one year, unless 
said building shall be secured by donation to the State, 
only such houses, dormitories and departments as they 
may deem for the best interest of said institution and of 
g] oatest practical importance . 

Sec. 10. Be it further enacted, That the said board of 
ti .istees shall organize under the provisions of this act 
as soon as practicable after theiv appointment, and they 
sliall immediately after their organization proceed to 
p ocure, by purchase or donation, a site for the location 
o the Alabama Girls' Industrial School for the educa- 
ti ^n of the white girls of the State of Alabama in In- 
d .strial and scientific studies. In selecting tho site the 
tjastees shall look to the convenience of the people of 
tLe State, the advantages and disadvantages of the dif- 
ft I'ont sites proposed, and shall locate the same at the 
place where most advantages are offered ; Provided, That 
the location shall be at a place known to be free from 
annual epidemics ; and provided further , that if the 
trustees to be appointed shall deem it best or the most 
practicable way of attaining the desired object, then it 



62 

may be established, as a branch of an already existing 
school. 

Sec. 11. Be it further enacted, That as soon as said 
institution is prepared to receive pupils or students in 
three or more of the industiral studies hereinbefore enu- 
merated, the said trustees shall apportion to each county 
its quota of scholars on the basis of the educable white 
girls between the ages of fourteen and twenty-one, in 
the State and several counties, and one pupil from each 
congressional district, whose tuition and board shall be 
absolutely free, and this number shall be increased from 
time to time as in the judgment of the trustees the 
finances of said institution shall warrant. Said free 
scholarship shall be awarded at the annual meeting of 
the girls' industrial school upon the recommendation of 
the trustee from the congressional district from which 
said pupil is appointed, and the several superintendents 
of education in the counties shall advertise it in some 
newspaper published in said county, and after the expi- 
ration of two weeks from said advertisement, shall, by 
and with the approval of the county commissioners or 
court of county revenues, commission such number of 
white girls to said institution as such county is entitled 
to. The presentation of such certificate, over the signa- 
ture of the judge of said county, shall entitle the person 
so commissioned to admission into said school, with all 
its privileges for the course of study selected ; Provided, 
That the appointing board shall give the preference to 
the applicants least able to educate themselves if they 
have the requisite qualifications ; Provided, however. That 
nothing in the provisions of this act shall be held to pre- 
vent any white girl in this State from attending said 
school upon .he payment of her board and tuition. 

Sec. 12, Be it further enacted , That the sum of five 
thousand dollars for the year eighteen hundred and 
ninety-five, and ten thousand dollars for the year eigh- 



63 

teen hundred and ninety-six, be, and the same is hereby 
appropriated, or so much thereof as may be necessary 
out of any funds in the State treasury not otherwise ap- 
propriated. The same shall be drawn from the State 
treasury by the board of trustees on vouchers audited 
by the board and approved by the governor, and filed in 
the auditor's office. Such vouchers shall contain a clear 
and full statement of the purpose for which they are 
given. Upon the filing of such vouchers the auditor of 
the State shall draw his warrant on the State treasurer 
for the same, from time to time, as funds may be needed 
to pay the officers and professors of said school, or for 
any other necessary and proper object connected with 
building, buying site and properly equipping said insti- 
tution with everything needed in each department. 

Sec. 13. Be it further enacted, That said board of 
trustees shall determine and fix the salaries of each 
officer, employe and professor in said institute ; provided 
said salaries in any one department shall not exceed 
those now allowed to professors in the Agricultural and 
Mechanical College. 

Sec. 14. Be it further enacted, That this act shall take 
effect and be in full force from and after the first day of 
January, 1895. 



STATE NORMAL COLLEGE AT FLORENCE, 



Section 1 . The school established, appropriation for its 
support. — There is permanently established, in the 
Florence Wesley an University buildings at Florence, in 
Lauderdale county, in this State, a school for the educa- 
tion of white male and female teachers, who shall be 
taught there on such conditions and under such restric- 
ions as may be prescribed ; and there shall be annually 
appropriated and set apart, from the first day of October, 
at least seven thousand five hundred dollars out of the 
general educational revenue apportioned to the whites, 
for the support and maintenance of the school; but no 
portion of the same shall be used for any other purpose 
than the payment of the salaries of the faculty. 

Sec. 2. Board of directors; style of hoard ; no compensa- 
tion; terms of office. — The board of directors of said college 
shall consist of six directors, together w^ith the Superin- 
tendent of Education. The directors shall be appointed 
by the Governor as hereinafter provided. It shall be 
the duty of the Governor on or before the first day of 
May next after the passage of this bill, to appoint six 
directors of said normal college ; Provided, that no two 
of said directors shall reside in the same county. Two 
of said directors shall be appointed for the term of six 
year ; two for the term of four year ; and two for the 
term of two years ; and ever} two years thereafter it shall 
be the duty of the Governor to appoint two directors, 
whose term of oflice shall be for the period of six years. 
The members of said board of directors shall receive no 
compensation for their services except their actual ex- 
penses in going to and returning from their meetings. 



65 

which said expenses, upon the certificate of the secretary 
of the board, approved by its president, shall be paid 
out of the fund annually appropriated and set apart for 
the support and maintenance of said college. The board 
of directors, as now organized, shall cease to exist upon 
the appointment and organization of the new boai'd as 
herein provided for. 

Sec. 3. Vacancy in board; how filled. — Any vacancy 
in the board of directors, caused by death, resignation, 
or otherwise, shall be filled by appointment of the Gov- 
ernor, the appointee holding for the unexpired term of 
his predecessor. 

Sec. 4. Meeting of board of directors. — The board of 
directors shall meet at such times and places as it shall 
appoint. 

Sec. 5 President of board; treasurer and his bond and 
and terms of office ; secretary and his term of office. — The 
board of directors shall choose one of their number as 
president of their board, who shall not vote on any ques- 
tion, except in c'ase of a tie ; and they shall elect a sec- 
retary and treasurer, and they shall take such bond 
from such treasurer as they shall deem sufficient and 
adequate to secure the faithful performance of his duties, 
in at least double the amount that he may have in hand 
at any one time ; bond to be approved by the county 
superintendent, and probate judge of Lauderdale county^ 
and a certified copy thereof filed in the office of the 
Superintendent of Education. The secretary and treas- 
urer shall be chosen annually, and shall hold their ofii- 
ces until their successors are elected and qualified. 

Sec. 6. The board of directors disposes of money accord- 
ing to laiv , and prescribed duties of secretary and treasurer . 
The board of directors shall, under the restriction and 
limitations of law, direct the disposal of any and all 
5 



66 

moneys appropriated to the school, and shall prescribe 
the duties of the secretary and treasurer thereof. 

Sec. 7. Organization of the school. — It shall be the 
duty of the. board to organize such normal school upon 
the most approved plan; to elect a president, and a com- 
plete and sufficient corps of instructors, who shall con- 
tinue the faculty of such normal school ; and the board 
shall adopt such rules and regulations as may be neces- 
sary for the organization and successfuly operation of 
such normal school. 

Sec. 8. Duties of faculty. — It shall be the duty of the 
faculty to establish a course of instruction with special 
reference to educating teachers in the theory and prac- 
tice of teaching ; to pass all needful rules and regulations 
necessary for the discipline of the normal school. 

Sec. 9. The president of the board of directors reports 
annually to the superintendent. — The president of the 
board of directors shall make a full and complete annual 
report to the Superintendent of Education of the opera- 
tion of the normal school, specifying the number of 
pupils, the number of professors and teachers, the 
amount of salary of each, the amount of money received 
and disbursed, and such other information as may be 
required by law. 

Sec. 10. Rules governing admission of pupiles. — Ap- 
plicants for admission to the normal school shall be not 
less than fifteen years of age, and shall sustain a satis- 
factory examination in such studies as may be required 
by the faculty. 

Sec. 11. Students admitted from any part of the State; 
of the obligation to teach. — Students shall be admitted 
from any portion of the State, and shaU receive instruc- 
tions free of charge , for tuition, upon signing a written 
obligation to teach at least two years in the public 
schools of Alabama ; and the obligation shall be filed in 
the office of Superintendent of Education . Any student 



67 

may be released from the obligation by paying such 
tuition as may be established by the board of directors. 

Sec. 12. Certificate of graduation and to tuhat it entitles. 
— Upon the completion of the prescribed course of study 
in the normal school, and after sustaining a satifactory 
examination, upon the recommendation of the president, 
approved by the board of directors, the Superintendent 
of Education shall issue a State certificate to the gradu- 
ates of the normal school , which shall entitle them to 
teach in any public school in the State, without any 
further examination. 

Sec . 13 . Public or other schools established in connection . 
In connection with the normal school, there may be es- 
tablished a public school, or other school. 

Sec. 14. Money a'ppropriated ^ how drawn. — The money 
appropriated and due to the school shall be certified semi- 
annually, by the Superintendent of Eeducation, to the 
State Auditor, upon application to the • president of the 
board of directors, and the State Auditor shall thereupon 
draw his warrants on the State Treasurer in favor of the 
treasurer of the normal school for the amount thus cer- 
tified . 



JACKSONVILLE NORMAL SCHOOL. 



Section 1 . Appropriation for payment of salaries only.. 
There is permanently established in the Calhoun college- 
building at Jacksonville, in Calhoun county, in this 
State, a school for the education of white male and fe- 
male teachers who shall be taught therein on such con- 
ditions and under such restriction as may be prescribed; 
and there shall be annually appropriated and set apart 
from the first day oi October twenty-five hundred dollars 
out of the general educational revenue apportioned to 
the whites, for the support and maintenance of the 
school ; but no portion of the same shall be used for any- 
other purpose than the payment of the salaries of the 
faculty . 

Sec. 2. Board of directors. — That a board of directors 
is established consisting of the following named persons : 
S. K. McSpadden, Jno. M. Caldwell, Jatnes Crook, W. 
P. Howell, Wm. M. Hames, D. A. Aderholdt, H. L. 
Stevenson, W. J. Alexander, J. Y. Nisbet, L. W. Grant 
and John D. Hammond, and the Superintendent of Ed- 
ucation, and which shall be known by the name and 
style of the Board of Directors of the State Normal School 
at Jacksonville, and the directors shall hold their office 
at the pleasure of the board, and shall receive no com- 
pensation. 

Sec. 3. Vacancy; lioio fdled. — That any vacancy in the 
board of directors caused by death, resignation or other- 
wise, shall be filled by the remaining members. 

Sec. 4. Meetings. — That the board of directors shall 
meet at such times and places as it shall appoint. 

Sec. 5. Officers; treasurer's bond. — That the board of 



69 

-directors shall choose one of their number as president of 
their board, who shall not vote on any question except 
in case of a tie ; and they shall elect a secretary and 
treasurer, and they shall take such bond from such treas- 
urer as they shall deem sufficient and adequate to secure 
the faithful performance of his duties, in at least double 
the amount that he may have in hand at any one time ; 
TDond to be approved by the county superintendent and 
probate judge of Calhoun county, and certified c®py 
thereof filed in the office of the Superintendent of Edu- 
cation. The secretary and treasurer shall be chosen an- 
nually, and shall hold their offices until their successors 
.are elected and qualified. 

Sec. 6. Disposal of moneys. — That the board of direc- 
tors shall, under the restrictions and limitations of law, 
direct the disposal of any and all moneys appropriated 
to the school, and shall prescribe the duties of the secre- 
tary and treasurer thereof. 

Sec. 7. Faculty; ditties thereof. — That it shall be the 
■duty of the board to organize such normal school upon 
the most approved plan ; to elects a president and a com- 
plete and sufficient corps of instructors, who shall con- 
stitute the faculty of such normal school ; and the board 
shall adopt such rules and regulations as may be neces- 
sary for the organization and successful operation of such 
normal school. 

Sec. 8. That it shall be the duty of the faculty to es- 
tablish a source of instruction with special reference to 
educating teachers in the theory and practice of teach- 
ing, to pass all needful rules and regulations necessary 
for the discipline of the normal school. 

Sec. 9. Report to Superintendent of Education. — That 
the president of the board of directors shall make a full 
and complete annual report to the Superintendent of Ed- 
ucation of the operations of the normal school, specify- 
ing the number of pupils, the number of professors or 



70 

teachers, the amount of salary of each, the amount of 
money received and disbursed, and such other informa- 
tion as may be required by law. 

§ 10. Applicants for admission. — -That applicants for 
admission to the normal school must not be less than 
fifteen years of age, and shall sustain a satisfactory ex- 
amination in such studies as may be required by the 
faculty. 

§11. Obligation of students . — That students shall be 
admitted from any portion of the State, and shall re- 
ceive instructions free of charge for tuition, upon sign- 
ing a written obligation to teach at least two years in the 
public schools of Alabama ; and the obligation shall be 
filed in the office of the Superintendent of Education. 
Any student may be released from the obligation by pay- 
ing such tuition as may be established by the board of 
directors. 

§ 12. Graduates entitled to teach. — That upon the com- 
pletion of the prescribed course of study in the normal 
school, and after sustaining a satisfactory examination, 
upon the recommendation of the president, approved by 
the board of directors, the Superintendent of Education 
shall issue a State certificate to the graduates of Normal 
school, which shall entitle them to teach in any public 
school in the State, without any further examination. 

§ 13. Public school may be established .—Tha,t in con- 
nection with the normal school, there may be established 
a public school or other school. 

§ 14. Appropriation; how to draio. — That the money 
appropriated and due to the school shall be certified semi- 
annually, by the Superintendent of Education, to th© 
State Auditor, upon application of the president of the 
board of directors, and the State Auditor shall thereupon 
draw his warrant on the State Treasurer in favor of the 
"treasurer of the normal school for the amount thus cer- 
tified. 



LIVINGSTON NORMAL SCHOOL. 



§ 1. Consent of the trustees necessary; appropriation, &c. 
— That if the trustees of the Livingston Female Acad- 
emy, a corporation under the laws of Alabama, located 
at Livingston, in said State shRll give their consent, in 
writing, to the Superintendent of Education of said State, 
to the use of said academy for the purpose of establish- 
ing a normal school, then there shall thereupon be estab- 
lished permanently in said academy, a State normal 
school for the education of Avhite female teachers and 
students ; said normal school to be organized and opera- 
ted under such restriction as may be provided by law; 
and tbere shall be annually appropriated and set apart 
from the 1st day of October, 1883,. out of the general 
educational revenue apportioned to the whites, the sum 
of twenty-five hundred dollars for the support and main- 
tenance of said normal school ; Provided, That no por- 
tion of said sum shall be used for any other purpose than 
the payment of the salaries of the teachers, and the neces- 
sary appliances and text-books for instruction ; And pro- 
vided further. That not more than five hundred dollars 
shall be used for appliances and text-books in any one 
year . 

§ 2. Board of directors. — That the trustees of said Liv- 
ingston Female Academy, to-wit : Robert D. Webb, I. 
Chapman Brown, Josiah L. Scruggs, Reuben Chapman, 
William A. C. Sones, AVilliam R. DeLoach and George 
W. Dainwood, shall constitute a board of which shall be 
known by the name and style of the Board of Directors 
of the "Livingston Female Academy and Normal School," 
and shall receive no compensation for their services. 



72 

§ 3. Vacancy] how to fill .—Th.&t said board of direct- 
ors shall hold office as provided in the charter of said 
Livingston Female Academy, and any vacancy in said 
board, caused by death, resignation, or otherwise, shall 
be filled by the remaining members as directed by said 
charter. 

§ 4. Treasurer's bond. — That said board of directors 
provided for in this act, shall meet in said academy 
building on the first Monday in July, 1883, and at such 
meeting they shall choose one of their number as presi- 
dent of such board, who shall have no vote in the de- 
liberations of said board, except in case of a tie; they 
shall also elect a secretary and treasurer, who shall hold 
their olHces for two years, and until their successors are 
elected and qualified; they shall take from the treasurer 
such bond as they may deem adequate to secure the faith- 
ful performance of his duties , said bond to be not less 
than double the amount of the annual appropriation for 
the support of said school ; said bond shall be approved 
by the judge of probate for Sumter county, and a certi- 
fied copy thereof filed in the office of the Superintendent 
of Education of the State. Said bond, after this stated 
meeting, may meet at such other times and places as 
they may appoint. 

§ 5. Disposal of moneys. — That said board, under the 
limitations of this act, shall direct the disposal of any 
and all moneys appropriated to said school, and shall 
define the duties of the secretary and treasurer thereof. 

§ 6. Board; duties of. — That it shall be the duty of 
said board to organize a normal school upon the most 
approved plan ; they shall elect a sufficient and compet- 
ent corps of teachers, and a president thereof from a- 
mong them ; said corps of teachers shall constitute the 
faculty of said normal school, and shall hold their posi- 
tions at the pleasure of said board of directors. The 
board shall also adopt such rules and regulations as may 



73 

be necessary for the organization and successful opera- 
tion of said normal school. 

§ 7. Faculty ; duties of. — That it shall be te the duty ^ 
of the faculty to establish a course of instruction with 
special reference to educating teachers in the theory and 
practice of teaching, and, to pass all needful rules and 
regulations for the discipline of the normal school, sub- 
ject to the approval of the board of directors. 

§ 8. President's report. — That the president of the 
board of directors shall make a full and complete annual 
report to the Superintendent of Education of the State, 
of the operations of the normal school, * specifying the 
number of pupils, the number of teachers, the amount 
of salary ot each, the amount of money received and dis- 
bursed, and such other information as may be required 
by law. 

§ 9. Applicants for admission. — That applicants for 
admission o the normal school be not less than fourteen 
years old, and shall sustain a satisfactory examination 
in such studies as may be required by the faculty. 

§ 10. Ohligatlon. — That white female students shall 
be admitted from any portion of the State, and shall re- 
ceive instructions free of charge for tuition, upon sign- 
ing a written obligation to teach at least two years in 
the public schools of Alabama, and such obligation shall 
be filed in- the office of the State Superintendent of Ed- 
ucation. Any student may be released from the obliga- 
tion by paying such tuition as may be established by 
the board of directors. 

§ 11. Graduates' certificate to teach. — That upon the 
completion of the course of instruction prescribed in said 
normal school, and after sustaining a satisfactory exam- 
ination, upon the recommendation of the president, ap- 
proved by the board of directors, the State Superintend- 
ent of Education shall issue a State certificate to the 
graduates of said normal school , which shall entitle them 



74 

to teach in any public school in this State without any 
further examination. 

§ 12. Establishment of other school. — That in connect- 
tion with said normal school, there may be established 
a public school or other schools, 

§ 13 . Money to be paid semi annually. — That the money 
appropriated and due to the normal school shall be certi- 
fied semi-annually by the State Superintendent of Educa- 
tion to State Auditor, upon application of the president 
of the board of directors, and the State Auditor shall 
thereupon draw his warrant on the State Treasurer in 
favor of the treasurer of the normal school for the amount 
thus certified. The first half of the annual appropria- 
tion hereby made shall be due and payable on the 1st 
day of October, 1883. 

§ 14. Charter not repealed. That this act shall not be 
so construed as to interfere with the Livingston Female 
Academy, or to repeal the charter thereof, or to interfere 
with any rights now existing under said charter. 



TROY NORMAL SCHOOL. 



§ 1. That there is permanently established, in the- 
city of Troy, Pike county, Alabama, a state normal col- 
lege for the educaiion of v/liite male and female teachers,. 
who shall be taught therein, on such conditions and 
under such restrictions, as may be prescribsd, and there 
shall be annually appropriated and set apart from the 
first day of April, 1395, the sum of five thousand dollars 
out of the general educational revenues apportioned to 
the whites for the support and maintenance of the col- 
lege. The said appropriation shall bo under the control 
of the commissioners hereinafter provided for and shall 
be applied in such manner as they may deem best to- 
carry out the purposes of this act. Provided, however, 
that no portion of said appropriation, shall be used for 
any other purpose, than the payment of the salaries of 
the faculty. Provided further y nothing in this act shall 
be so construed as to affect the appropriations for other 
normal schools as provided in the several acts establish- 
ing the same or amending such acts all of which are 
hereby reaffirmed. 

§ 2. A board of directors is established consisting of 
the governor and superintendent of education of the State , 
and the president of the college, ex-oflScio, and Henry D. 
Cla3''ton of Barbour county, H. J. Smisson of Henry 
county, B. R. Bricken and James Folmar of Crenshaw 
county, Frank Baltzell of Montgomery county, and John 
B. Knox, J. D. Gardner, 0. C. Wiley and Charles Hen- 
derson of Pike county, which shall be known by the- 
names of the board of directors of the State Normal Col- 
lege, at Troy. On their first annual meeting after llie 
date of this act, they shall divide their number into three 



76 

"^qual classes, the first of which shall serve for two years, 
the second for four, and the third for six years from the 
date of their appointment, and thereafter all terms shall 
be for six years, and they shall receive no other compen- 
sation than actual expenses of attendance, 

§ 3, All vacancies on the board shall be filled by ap- 
pointment by the governor, . from lists of nominations 
made by the State superintendent of education, which 
lists shall contain three times as many names as the va- 
'Cancies to be filled and shall be made up from the coun- 
ties in the 1, 2, 3, 5 and 9 congressional districts, in the 
ratios of 1, 3, 2, 2 and 1, respectively, not above three 
appointed directors being from Pike county, and not 
more than one from any other county at a time after the 
■expiration of the terms of the present membership. 

§ 4. The board shall meet at such times and places 
as they may appoint, or at the call of the executive com- 
mittee, of v/hich they shall make an annual appoint- 
ment, and a majority of whose members shall be from 
Pike county. 

§ 5. The board of directors shall, under the provis- 
ions and limitations of law, direct the disposal of any 
and all moneys appropriated or otherwise given to the 
college, and shall prescribe the duties of all officers and 
-employes . 

§ 6. It shall be the duty of the board to organize the 
the State Normal College upon the most approved 
.plans ; to elect a president and corps of instructors, who 
.shall constitute the faculty of the college, and the board 
may adopt such general rules and regulations as may be 
necessary for the management of the college. 

§ 7. It shall be the duty of the faculy to establish a 
.course of instruction with reference to educating teachers 
in the theory and practice of teaching, embracing a scho- 
lastic course of full college grade, and shall pass all 



77 

needful rules and regulations for the dicipline of the col- 
lege. 

§ 8. The president of the college shall report from' 
time to time to the board the condition of the college, by- 
chairs and departments, as may appear necessary, and 
the president of the board shnlJ formulate a fnll and 
complete report of the college, prior to October each 
year, to the State superintendent of education, of the 
operations of the State Normal College, specifying the 
number of pupils in the respective courses, the number 
of professors and other employes, the amount of salary 
of each, the amount of money received and disbursed, 
and such other information as may be required by the 
State superintendent of education under the laws gov- 
erning. 

§ 9. Students shall be admitted from any portion of 
the State on equal footing with all other portions of the 
same, and shall receive instructions free, of charge for 
tuition upon signing a written obligation to teach two 
years after graduation, or failing to graduate, to teach in 
the public sbhools as many terms as they shall have at- 
tended the State Normal College free of tuition, and 
the obligation shall be filed with the treasurer of the col- 
lege. Any student may be released from such obliga- 
tion by the payment of the tuition of the college for the 
terms of his attendance, and any one who do not teach 
within two years of retirerhent from the college, shall be 
legally indebted for the amount of their tuition, which 
shall be collected as other dues for instruction in the col- 
lege. 

§ 10. Applicants for admission to the State Normal 
College, shall not be less than 15 years of age during the 
term of entering, and shall sustain a satisfactory exam- 
ination in such requirements as may be fixed by the- 
faculty. 

§ 11. Upon the completion of the required course for 



78 

same, upon the recommendation of tlie president of the 
college, approved by the board of directors, the State 
superintendent of education, shall issue a State certi- 
ficate, for two, four, or six years, or for life, according 
to the course completed ; and upon the completion of the 
respective courses, as fixed by the faculty, upon the re- 
commendation of the president of the college, the board 
•of directors may grant such degrees and issue such diplo- 
mas as they may deem proper ; and when eight years of 
successful experience in teaching, required for the doc- 
tor's degree, have been taken, then, in the same manner 
as for State certificates, the State superintendent shall 
issue State professional life diplomas, which, and the 
State certificates, shall entitle their holders to teach in 
any public school in the State, without further examina- 
or fee ; Provided, such diploma, or certificate , as may be, 
shall be first presented to the county superintendent of 
education, or city school board under whose jurisdiction 
the holder may wish to teach. The board of directors 
of the State Normal College may fix such fees for certi- 
ficates and diplomas as they may deem reasonable. The 
State superintendent, upon recommendation of the presi- 
dent of the college, approved by the board of directors, 
may for cause that would have prevented its issuance, 
suspend, for definite, or indefinite time, and certificates 
or diplomas authorized in this section. 

Sec. 12. The money appropriated and due the col- 
lege, shall be certified semi-annually by the superintend- 
ent of education, to the State auditor, upon application 
of the president of the board of directors, and the State 
auditor shall thereupon draw his warrant on the State 
treasurer in favor of the treasurer of the State Normal 
College, for the amount thus certified; the first half of 
the annual apportionment being due on the first of Octo- 
ber, 1893. 

Sec. 13. In connection with the college a public 



79 

school, or other school, may be maintained as an inter- 
nal part of the State Normal College, as a model train- 
ing school to illustrate and practice the best methods of 
teaching. 

Sec. 14. As a condition of this appropriation, the 
citizens, or city council, of Troy, shall furnish and equip 
with furniture and apparatus, and maintain the same in 
proper condition, buildings and grounds, whose title 
shall be vested in the board of directors of the college, 
free of expense to the State, and without other restric- 
tion than reversion to the|donors in case the State should 
cease to hold and occupy the same as an institution of 
learning. 

Approved February 21, 1893. Amended February 
18th, 1895. 



NORMAL SCHOOL FOR COLORED STUDENTS. 



MONTGOMERY. 



§ 1. The State Normal School and University for 
colored students now at Marion, Perry county, be and 
the same is hereby removed to some other place in the 
State as hereinafter provided, and its name is changed 
to State Normal School for Colored students. 

§ 2. The board of trustees of said Normal school 
shall consist of six members, together with the Gover- 
nor and Superintendent of Education. It shall be the 
duty of the governor, as soon as practicable after the 
passage of this bill, to appoint six trustees, two of whom 
shall serve for a term of six years, two shall serve for a 
term of four years, and two shall serve for a term of 
two years, and every two years thereafter it shall be the 
duty of the governor to appoint two trustees who shall 
serve for a term of six years. 

§ 3. The members of said board of trustees shall re- 
ceive no compensation for their services except their 
actual expenses in going to and returning from their 
meetings, which said expenses, upon the certificate of 
the secretary of the board, approved by its president, 
shall be paid out of the fund annually appropriated and 
set apart for the maintenance and support of said Nor 
mal school. The board of trustees as now organized at 
Marion shall cease to exist upon the appointment and 
organization of the new board as hereinafter provided 
for. 

§ 4. Any vacancy in the board of trustees caused by 



81 

death, resigaation or otherwise, shall be filled by ap- 
pointment of the governor, the appointee holding for 
the unexpired term of his predecessor. 

§ 5. The board of trustees shall meet at such times 
and places as it may appoint. 

§ 6. The board of trustees shall choose one of theii?-' 
number as president of their board, who shall not vote 
on any question except in case of a tie, and they shall- 
elect a secretary and treasurer, and they shall elect a 
secretary and treasurer, and they shall take such bond 
from such treasurer as they shall deem sufficient and 
adequate to secure the faithful performance of his duties 
in at least double the amount that he may have on hand 
at any one time, bond to be approved by the probate 
judge of the county wherein the Normal school is loca- 
ted, and a certified copy thereof filed in the office of 
State Superintendent of Education. The secretary and 
treasurer shall be chosen annually, and shall hold their 
office until their successors are elected and qualified. 

§ 7. That said board of trustees shall within thirty 
days after they are appointed, meet at such time and 
place as the State Superintendent of Education may ap- 
point, and shall select a suitable place for said Normal 
school, having regard for healthfulnoss, accessibility 
and the value of any land or building that may be 
offered for said Normal school ; Provided, That it shall 
not be located in any town or city against the wishes 
of the white people of said town or city. 

§ 8. The trustees shall have full power and authority 
to elect a faculty and such officers and agents as they 
deem necessary to carry on the Normal school, and shall 
have authority to discharge such faculty or any member 
thereof, or any officer or agent, whenever they see fit to 
do so, and to prescribe the duties of all officers, teachers 
and agents, and to fix their compensation, and generally 



' 82 

to govern and control said faculty, and the Normal 
sciiool. They shall also have authority to settle all 
claims now existing against said Normal school. 
; § 9. For the purpose of buying the necessary land, 
or buildings, or other necessary land, and erecting 
thereon the necessary buildings, there is hereby appro- 
priated the sum of fifteen thousand dollars from the 
school fund of the colored race, six thousand dollars 
to be paid to the treasurer of the Normal school on 
the iirst ddy of January, 1S89, or as soon tLeroafter 
as he may be elected, and give bond ; six thousand 
dollars to be paid October 1st, 1889, and three thou- 
sand dollars on the first day of October, 1890. The first 
six thousand dollars mentioned in this section shall be 
paid out of the unapportioned balance now in the treas- 
ury to the credit of the colored school fund. 

§ 10. The trustees of the State Normal school shall 
take charge of the property of the State of Alabama, 
near- Marion, Perry county, and shall dispose of it so as 
to best subserve the interests of the State. If sold, the 
proceeds shall be used in furnishing the new buildings 
wherever located. 

§ 11. It shall be the duty of the board of trustees to 
organize a Normal school ui^on the most approved plan; 
said Normal school to constitute a part of the common 
school system of the State. 

§ 12. The president of the board of trustees shall 
make a full and complete report annuall}'^ to the State 
Superintendent of Education showing the operations of 
said Normal school, the amount of money received and 
disbursed, and such other information as may be requir- 
ed by law. 

§ 13. That uiDon the completion of the prescribed 
course of study in the Normal school, and after sustain- 
ing a satisfactory examination, upon the recommenda- 
tion of the president, approved by the board of trustees, 



83 

the Superintendent of Education shall issue a diploma 
to the graduates of the Normal school, Avhicli entitle 
them to teach in the colored schools of the State without 
further examination. 

§ 14. That in connection with the Normal school 
there may be established a training department. 

§ 15. For the support and maintenance of said Nor- 
mal school, thereby set apart and appropriated of the 
school fund for the education of the colored race, the 
sum of soveu thousand live hundred dollars annuallj^, to 
be paid to the treasurer of the said board of trustees in 
equal installments on the first days of January, April 
and October, of every j^ear ; the installments for January 
and April, 1889, to be paid out of the unapportioned 
balance now in the treasury to the credit of the colored 
school fund. 

Approved February 23, 1889. 



NORMAL SCHOOL FOR COLORED TEACHERS AT 
HUNTSVILLE. 



§1. Establishment of school; admission of pupils; num- 
ber required; must be taught nine months annually. — There 
shall be at Huntsville, in this State, a normal school for 
the education of colored teachers, to be called and known 
as "The Huntsville State Colored Normal and Industrial 
School." Pupils shall be admitted free of charge for 
tuition in the school, on giving an obligation in writing, 
to teach in the free public schools in this State for two 
year after they become qualified. The school shall not 
be begun or continued with a less number than twenty- 
five pupils, nor shall the school be taught for a less 
period than nine months in each year. 

§2. Appropriation for school . — There is appropriated 
out of the general school revenue set apart to the colored 
children, the sum of four thousand dollars, annually, 
for the maintenance and support of the school, and the 
apportionment of the general fund for the colored race^ 
shall be made to the different counties of this State after 
the deduction of the sum of four thousand dollars herein 
appropriated for the school at Huntsville ; Provided, thi& 
act shall not take effect until the first day of September, 
1885. 

§ 3. School under control of three commissioners, luho 
elect chairman and make quarterly reports. — The school 
shall be under the direction, control and supervision of 
a board of three commissioners, who shall consist of the 
following persons, to- wit : John M. Crowder, A. S. 
Fletcher and S. I. Mayhew, who may fill any vacancy 
that may occur in the board of commissioners. The 



85 

■commissioners shall elect one of their number chairman, 
and they shall report quarterly to the Superintendent 
of Education how many pupils have been in attendance, 
what branches have been taught, and other facts of in- 
terest and importance appertaining to the school. 

§ 4. Bond required of chairman, approval thereof; certi- 
fied copy filed in office of superintendent. — The chairman of 
the board of commissioners shall give bond in double the 
amount of the appropriation to the school, for the legal 
and faithful application of the sum appropriated, the 
bond to be approved by the judge of probate of Madison 
county, and a certified copy thereof sent to the Superin- 
tendent of Education to be filed in his office. 

§ 5. Money, how drawn. — The chairman of the board 
of commissioners, after having given bond as hereinbe- 
fore prescribed, and the bond shall have been approved 
as herein provided, and a certified copy thereof filed in 
the office of the Superintendent of Education, shall pre- 
sent to the Superintendent of Education a requisition for 
the amount herein appropriated, and the Superintendent 
of Education shall thereupon certify the amount of four 
thousand dollars to the State Auditor who shall draw 
liis warrant for the sum on the State Treasurer, payable 
to the chairman of the board of commissioners, for the 
maintenance and support of the normal school. 

[By act approved February 13, 1891, the grant of 
money madeby the United States for the more complete 
endowment and support of the colleges for the benefit of 
agriculture and the mechanic arts, is divided in the ratio 
of fifty-six and six-tenths per cent. (56.6) for the school 
for whites and forty-three four-tenths (43.4) for the 
school for the colored race, between the A. & M. College 
of Alabama at Auburn and the Huntsville State Colored 
Normal and Industrial School.] 



NORMAL SCHOOL FOR COLORED TEACHERS AT 
TUSKEGEE. 



Section 1. George W. Campbell, S. Q. Hale, Louis 
Adams, Oliver Howard, Henry D. Smith, B. T. Wash- 
ington, Geo. S. Chaney, R. C. Bedford, Warren Logan, 
C. N. Dorsette, and such others as they may under this 
act associate with them, and their successors be, and are 
hereby constituted a body politic, and corporate, by the 
name of the Tuskegee Normal and Industrial Institute, 
and shall have perpetual succession and a common seal, 
and by the name aforesaid, they and their successors 
shall be capable in law, and shall have full power and 
authority, to acquire, hold, possess, purchase, receive 
and retain to themselves and their successors forever any 
lands, tenements, rents, goods, chattels, or interest of 
any kind whatsoever, which may be given or bequeathed 
to them or by them purchased, or which have already 
been bequeathed or purchased for the use of the said in- 
stitution ; and said trustees may receive any gift or in- 
heritance which may be given as an endowment fund,, 
and they and their successors shall have full power to 
convey, transfer and dispose of the same in any manner 
whatsoever the may judge most useful to the interest and 
legal purposes of said institution, and by their corporate 
name they may sue and implead, and be sued and im- 
pleaded, answer and be answered, in all courts of law 
and equity, and said trustees shall have the right to make 
contracts in behalf of said institution . 

Sec. 2. The purposes of said Tuskegee Normal and 
Industrial institution shall be as follows : for the instruc- 
tion of colored teachers and youth in the various comraoa 



87 , 

academic and collegiate branches, the best method of 
teaching the same, the best method of theoretical and 
practical industry in their application to agriculture and 
the mechanic arts, and for the carrying out of tliese pur- 
poses said trustees shall have the power to establish and 
provide for the support of any department or school ia 
sa;id institution, and to control the operationf of the same; 
to grant such diplomas, and to confer such degrees,. as 
are customary in other colleges of like grade ; to appoint 
such officers for presiding over and transacting the busi- 
ness of their body as may be necessary and prescrite 
their duties and obligations ; to appoint the time and 
place of their meeting, to determine their own tenure ©f 
office, and to adopt such rules, regulation and by-laws, 
not contrary to the laws of this State or the United 
States as ma,y be necessary for the good government of 
the said Tuskegee Normal and Industaial Institute. Said 
institute shall not be begun nor continued with a less 
number than twenty-five pupils, nor be taught for a pe- 
riod less than nine months of each year. Pupils from 
this State shall be admitted free of tuition on giving an 
obligation in writing to teach for two years in the public 
schools of this State after they have become qualified. 

Sec. 3. When there shall be a vacancy in the board 
of trustees occasioned by death, resignations, removal or 
refusal to act, the remaining trustee or a majority of 
them shall supply the vacancy at the next annual meet- 
ing. It shall be lawful for any five of the trustees to call 
a meeting of the trustees whenever it is deemed expe- 
dient to do so. 

Sec. 4. The number of trustees shall never be Jess 
than sev«=>n nor more than fourteen, the majoritv of whom 
shall constitute a quorum. 

Sec. 5. All property acquired by said Tuskegee No;r- 
mal school, or Tuskegee Institute, or by whatever name 
so called before the passage of this act, are hereby rM>i- 



fied and confirmed to the trustees of the Tiiskegee Nor- 
mal and Industrial Institute. 

Sec . 6. There is hereby appropriated out of the gen- 
eral school revenue the sum of three thousand dollars 
annually toward the maintenance and support of said 
sctool, and the apportionment of the general fund for 
colored children shall be made to the several counties of 
this State after the deduction of the sum herein appro- 
priated. The said appropriation shall be under the con- 
trol of the commissioners hereinafter provided for, and 
shall be applied in such manner as they may deem best 
to carry out the purposes of this act, and said commis- 
sioners shall be members of said board of trustees with 
the same rights and powers as the other trustees. 

Sec. 7, The appropriation shall be under the direc- 
tion and control of a board of three commissioners, 
which shall consist of the following persons, to-wit : 
George W. Campbell, S. Q. Hale and Louis Adams, who 
shall elect one of their number os chairman of their 
board, and shall have power to fill any vacancy that may 
; occur in the board. In case a majority of the commis- 
sioners cannot agree upon a person to be chairman, or a 
person to fill a vacancy in the board; then such disagree- 
1 ment shall be certified to the superintendent of education 

■ for the State ; that officer shall forthwith appoint a mem- 
ber of the board to be chairman, or a person to fill the 

-vacancy, as the case may be, and the member of the 
'■ board so appointed as chairman, and the person so ap- 

■ pointed to the vacancy, shall have the same power and 
authority as if he had been selected by the board. The 

' commissioners shall make an annual written report to 
tiiC superintendent of education of the condition and 
progress of the school, the teachers that have been em- 

- pl-oyed, the number of pupils that have been in attend- 
since, the manner in which the appropriation has been 

-Expended, the branches that have been taught, and such 



89 

other facts relating to the school as may be of public in- 
terest and importance. 

Sec. 8. The chairman of the board of commissioners 
shall give bond in double the amount of the appropria- 
tion for the safe keeping and faithful application of the 
sum appropriated ; the bond to be approved by the judge 
of probate of Macon county and higa in ins otiice, a cer- 
tified copy of which shall be forwarded to the State Su- 
perintendent of Education, to be placed on file in his 
office. 

Sec. 9. The chairman of the board of commissioners 
of the Tuskegee Normal and Industrial Insutuie shall, 
iifter the approval and filing of the bond, and the certi- 
fied copy of the same as provided hereinbefore, present 
to the State Superintendent of Education a requisition 
for the amount herein appropriated, and the superinten- 
dent of education shall thereupon certify the amount to 
the State Auditor, who shall draw his warrant for the 
same on the State Treasurer, payable to the chairman of 
the board of commissioners, for the maintenance and 
support of the said Tuskegee Normal and Industrial In- 
stitute, as hereinbefore provided, and a like requisition 
shall be presented, and the sum herein appropriated so 
drawn each year as the same shall accrue. 

Sec. 10. So long as the property, real and personal of 
the said Tuskegee Normal and Industrial Institute is 
used for the purposes of education, the same shall be ex- 
empt from taxation of any kind. 

Sec. 11. Be it further cnaeted, That all laws and parts 
of laws in conflict with an}" of the provisions of this act 
be, and th'e same are, hereby repealed. 

Approved February 21, 1S93. 



LOCAL LAWS. 



MOBILE COUNTY. 

§ 1. Expiration of term of service of school officers in 
office February 15 , 1876. — The Superintendent of Public 
Schools and the School Commissioners in office Febru- 
ary 15, 1876, in the county of Mobile, shall continue in 
office until the first Wednesday of September, 1(S76, at 
which time their term of service shall expire . 

§ 2. When succeessors elected, and commencement of 
term af service. — At the general election in August, 1876, 
there shall be elected by the qualified electors of the 
county of Mobile, six commissioners of public schools, 
two of whom shall reside at least six miles from the 
court-house in the county, whose term of office shall 
commence on the first Wednesday of September next 
after the election . 

§ 3. How new board of commissioners constituted, classi- 
fied, and of subsequent election. — On the first Wednes- 
day of September, 1876, the commissioners so elected 
shall meet at the rooms of the board of school coramis- 
soners, and shall elect by ballot, three members of the 
present board, who, with members previously elected, 
shall constitute the board of school commissioners of the 
county of Mobile. The school commissioners shall then 
be divided into three classes, as follows : The members 
elected from the existing or old board , shall be classed 
number one ; the other six shall be formed into two 
tickets, having one country member on each, and the 
ticket shall be drawn for, and the first drawn for shall 
be classed number two, and the other shall be classed 



91 

number three. At the general election in 1878, three 
commissioners shall be elected by the qualified electors 
in the county, in place of those comprising class number 
one. At the general election in 1880, three commiseion- 
ers shall be elected in place of those comprismg class 
number two ; and so on every year. At the general elec- 
tion in the county, three of the board shall be elected 
by the qualified electors of the county according to their 
classification in numerical order. 

§ 4. President and vice-president of hoard; county svver- 
intendent; terms of office; oath; other officers and agents. — The 
school commissioners may elecb a president and vice- 
president, who shall hold their offices respectively until 
the first Wednesday in September after the next election 
of school commissioners. They shall also elect a county 
superintendent of education, who shall hold his office 
for the period of four years ; and they may elect or ap- 
point such other officers and agents as they may from 
time to time deem expedient. The members of the 
board and the county superintendent shall severally 
make oath before the judge of probate of Mobile county, 
that they will faithfully and properly demean themselves 
in their respective offices to the best of their ability. 

§ 5. Incorporation, of hoard; general powers . — The board 
of school commissioners shall receive, levy, assess and 
collect all devises, revenues and taxes to which they 
were by law entitled at the date of the organization of 
the board of education of the State of Alabama ; and 
they shall have full power to continue in force, revise, 
modify and improve, as to them may seem fit, the pub- 
lic school system existing in the county of Mobile, and 
to make su.-h bj^aws, rules and regulation?, not -rcon- 
sistent with the Ip.ws of this State or of the TTnHed 
States, for the government of the board and of such 
schools, as they may deem expedient or necessary. 
They shall hold regular meetings of the board, at such 



92 

time as they may fix upon, and adjourned, or special 
meetings when necessary. Five member of the board 
shall constitute a quorum for the trasaction of business, 
but no business involving a change in the system, rules 
or regulations, or affecting the general interest of the 
county, shall be transacted except at the regular meet- 
ing, alter notice given, or when a full board is in attend- 
ance. The board shall be a body corporate, may have a 
common seal, may sue and be sued, shall have power to 
purchase or lease such property for school purposes as 
in their judgment may be necessary for the proper ac- 
commoaation and comiort of pupils and ttjaoheis, and 
may fix the compensation and bonds of its officers, 
agents and employes, and change the same at pleasure ; 
but the sum or sums so expended shall not exceed in 
any one year, twenty per cent, of the income of the 
board, exclusive of the amounts derived from the public 
school revenue. The board shall also have puwer to sell 
or exchange any of the property, the Barton Academy 
buildings only excepted ; but when the value of such 
property shall not exceed five thousand dollars, two-thirds 
of the members of the board shall vote in favor of the 
sale, and when the value exceeds five thousand, the sale 
to be valid, shall receive the unanimous vote of the 
board, and be approved by the judge of probate of Mobile 
county. 

§ 6. Filling vacancy; proceedings recorded; semi-annual 
publications; rtport to swperiatend&iit. — The board of school 
commissioners have power to fill any and all vacancies 
that occur therein, or in the office of superintendent; 
and the persons that may be elected by the board to fill 
vacancies shall hold their offices until the term for vfhich 
their predecessors were elected shall expire. The board 
shall cause full minutes of its proceeding to be kept, in 
W'Cll bound books, subject at all times to the inspection 
of the citizens of Mobile county. It shall cause to be 



93 

published semi-annually, in one or more newspapers 
published in the city of Mobile, a full statement of the 
revenue and disbursements of the preceding six months, 
the number of schools kept, of teachers employed, and of 
pupils instructed. It shall transmit annually to the 
Superintendent of Education, to be by him laid before 
the General Assembly, a full statement of its receipts 
and disbursomGnts during the year, and such further Iq- 
formation and statistics of its transactions as the Super- 
intendent may require. 

§ 7. The county superintendent of Mobile county . — The 
county superintendent of education shall be ex-officio a 
member and treasurer of the board of school commission- 
ers and it shall be his duty to be present at every regu- 
lar meeting of the board, and make full and detailed re- 
ports of the condition of the schools and all matters com- 
ing under his supervision as often as the board may re- 
quire. He shall have, under the direction of the board, 
general supervision of the public schools in the county 
of Mobile, shall collect, receive and disburse the reven- 
ues of the board, under such rules and regulations there- 
for as the board may from time to time prescribe, and 
shall make detailed exhibits of all receipts and expendi- 
tures, accompanied by proper vouchers, at such times as 
the board may require, and, in general, shall perform 
all duties and carry into effect all orders and resolutions 
which the board may establish and direct. He shall re- 
ceive such compensation for his service as the board 
may ordain, and may, at any time, be removed from 
office for dereliction in duty, after the due examination 
had ; but not less than two-thirds of the members com- 
prising the board shall vote in favor of such removal. 
He shall give good and sufficient bond, to be approved 
by the president of the board and the judge of probate 
of the couiiuv, in such sum as the board may determine ; 
but the penalty of the bond shall not be required to ex- 
, ceed double the amount of money which the Superin- 
tendent can receive and have in possession at any time. 



CITY OF BIRMINGHAM, 



The mayor and aldermen shall have power to estab- 
lish and maintain free white public schools and free col- 
ored public schools in said city, in which the children 
ana warub from seven to tweutiy-one years ol agu, of all 
actual residents, w^ithin the corporate limits, shall be en- 
titled to seats as pupils : Provided, such children are 
themselves bona fide residents of said city ; but non-resi- 
dent children may be admitted into such schools on such 
terms as the board of education may prescribe, and sep- 
arate schools shall be provided for the children of citi- 
zens of African descent. The public schools of said city 
shall be under the charge of the board of education, to 
consist of the mayor and six other persons, to be elected 
by the mayor and board of aldermen. The board of ed- 
ucation existing at the time this act goes into effect, 
shall exercise the powers and perform the duties herein- 
after provided ; and the members thereof shall hold office 
during the time for which they were elected. The suc- 
cessors to each of said board shall be elected at the ex- 
piration of the term of such members, two members be- 
ing elected annually, and the term of office shall be three 
years. Each member of the board of education, except 
the mayor, shall, upon his induction into office, take an 
oath, to be administered by the mayor, to faithfully dis- 
charge his duties as a member of said board. The board 
of education shall have the following powers and duties : 
1 . To build upon the school property of the city suitable 
houses for the use and accommodation of the public 
schools, or to rent such houses, and to keep such houses 
in repair, and furnish the same with proper furniture 



95 

and apparatus. 2. To open a sufficient number of 
schools to meet tlie wants of the population of the city ; 
elect a superintendent of schools, the principals and all 
teachers, fix their compensation and prescribe their du- 
ties ; control the distribution of teachers and pupils 
among the several schools ; dictate the course of instruc- 
tion, the number and character of text books, the organ- 
ization of classes, and the method of teaching ; to pre- 
scribe rules and regulations for the government of the 
schools, and tu exeicise bucli adJilioucil povveid a.s svill 
be necessary to give it complete control of the public 
schools of the city ; but the plan of instruction and the 
rules and regulations adopted by the board of education 
shall be adhered to unless altered by a two-thirds vote. 
3. To issue diplomas to all persons who satisftictorily 
complete the course of study prescribed for the public 
high school. 4. To charge in the high school such inci- 
dental or other fees as may be deemed necessary for the 
proper conduct thereof ; but no fee, or charges of any de- 
scription, must be made in any of the schools of lower 
grade than the high school. 

5. It shall be the duty of the board of education, be- 
fore the first Wednesday in April in each year, to pre- 
pare and file with the mayor, an estimate of the money 
that will be required for the maintenance of the public 
schools for the succeeding scholastic year, and the erec- 
tion and repair of necessary school buildings; and the 
board of mayor and aldermen of said city shall, so far as 
they are able with the means at hand, of which the 
mayor and aldermen shall be the judges, make the 
necessary provisions to supply whatever additional funds 
may be necessary to meet the estimate so made. All 
funds devoted to public school purposes in said city, 
whether derived from the State, county or city, shall be 
paid into the city treasury, and shall be disbursed as the 
board of education may direct ; Provided, that not more 



96 

than four per cent, of the money derived from the State 
shall be used otherwise than for the payment of teachers 
employed in such schools. 

6. To create a board for the examination of applicants 
for positions as teachers in the public schools of the city; 
and no person shall be elected as a teacher in such 
schools who shall not have received a license from such 
board ; and the board of education may in its discretion 
institute competitive examinations of applicants for posi- 
tions as teachers in the public schools, including licensed 
teachers, who are applicants for re-election. 

Approved December 12, 1890. 



AN ACT 

To amend sections 8 and 10 of an act to create the board 
of education of the city of Birmingham, and to pre- 
scribe the powers and duties of the same. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That section 8 of an act to create a board of 
education for the city of Birmingham, and to prescribe 
the powers and duties of the same is hereby amended so 
as to read as follows : Section 8. That the board of ed- 
ucation shall have power to charge non-resident pupils 
attending the several grades of said schools such tuition 
or other fees as it many deem necessary for the proper 
conduct of such school. Provided : that the said board 
of education may, in their discretion assign such free 
scholarships in the various grades of such schools as 
they, in their judgment, deem proper. 

Sec. 2. Be it ftirther enacted, That section 10 of said 
act be amended so as to read as follows : Section 10. 
That all moneys devoted to school purposes in the city 
of Birmingham , whether derived from state , county or 



97 

city of Birmingham, or obtained by gift or bequest, or 
in any other manner whatsoever, shall be paid over into 
the hands of a treasurer, elected by the board of educa^- 
tion, as herein provided, all moneys intended for school 
purposes in the hands of the treasurer of the city of Bir- 
mingham, together with the poll tax and the amount of 
the estimate for any scholastic year filed with the mayor 
and aldermen ns provided in section 9 of this act, and 
shall be by hira paid over to the treasurer of the board 
of education in three equal installments, on the first day 
of September, the first day of December, and the first 
day of March of the said year. Such moneys, together 
with all unexpended balances in the hands of said treas- 
urer of the board of education, shall constitute a school 
fund which shall be disbursed in the interests of the pub- 
lic schools of the city of Birmingham in such manner as 
the board of education may direct. 

Sec. 3. Be it further enacted , That the said treasurer 
shall execute a bond, the amount of the same to be fixed 
by the said board of education of the city of Birming- 
ham . 

Sec. 4. That said board of education shall have power 
to build upon the property of the city, suitable houses 
for the use and accommodation of the public schools of 
said city, whenever funds shall have been provided for 
the same, or the board may rent such houses, and shall 
keep said houses in repair and furnished with suitable 
furniture, apparatus and appliances, and to enable said 
board to do this and maintain an efficient system of pub- 
lic schools free, as nearly as practicable to all the school 
children in the cit}^, there is hereby laid and levied upon 
all the taxable property within the corporate limits of the 
said citv, or that may be lawfully taxable therein, an 
annual tax, two-tenths of one per cent, or twenty cents 
on every one hundred dollars worth of such property, 
7 



98 

which shall be assessed by the tax assessor of Jefferson 
county at the same time, and in the same manner, and 
under the same penalties and entered on the same lists 
with other state taxes. And the same shall be collected 
by the tax collector of Jefferson county at the same time 
with and as a part of the state taxes. And when col- 
lected shall be paid over each week to the treasurer of 
said board to be by him paid out and expended under 
the orders and direction of the said school board that 
whenever the tax levied by the state shall exceed fifty- 
five cents on every one hundred dollars of taxable prop- 
erty, then the tax hereby levied shall be diminished to 
that rate which added to the rate levied by the state shall 
not exceed seventy-five cents on every one hundred dol- 
lars worth of taxable property, the limit fixed by the con- 
stitution . 

Sec. 5. And that all laws and parts of laws in con- 
flict with this the provisions of this act be and the same 
are repealed. 

Approved February 18th, 1895. 



CITY OF MONTGOMERY. 



The corporate limits of the city of Montgomery as 
now established, and as changed from time to time shall 
constitute a school district separate and apart from the 
other districts in Montgomery county. The manage- 
ment and control of the public schools in the city shall 
continue for the current scholastic year as now organiz- 
ed and conducted. Thereafter there shall be a city board 
of education which shall consist of five members who 
shall be qualified city electors and reside in the city, 
and shall not be members of the city council. It shall 
be the duty of the city council as soon as practicable 
after the next municipal election to elect five members 
of said board, who shall hold their offices respectively 
for one, two, three, four and five years, the term of the 
several members so elected to be assigned to them re- 
spectively by the city council at the time of such elect- 
ion, in such manner as the city council may adopt, and 
annually after such first election the city council shall 
elect one member of said board, whose term of office 
shall be five years and in the event of a vacancy from 
any cause in the said board of education, the city coun- 
cil shall elect a new member to fill out the unexpired 
term. It shall be the duty of said board of education 
to prescribe and pass upon the qualifications of and elect, 
subject to the confirmation of the council, the superin- 
tendent, and also elect principals and teachers for the 
public schools in the city, and they may ' hold annual 
competitive examinations of applicants for positions as 
principals and teachers in the public schools of said city 
including principals and teachers in the schools who are 



100 

candidates for re-election, and shall have the power to 
grant certificates of qualifications of different grades to 
all applicants who pass examinations, and may issue 
diplomas to graduates of the high school, and shall have 
the power to adopt, and from time to time, alter and re- 
peal such by-laws, rules and regulations as they may 
deem proper for their own government of the schools, 
and for the conduct of the business before said board, 
not inconsistent with the laws of this State, or ordin- 
ances of the city council. Said board shall have control 
and management of said schools, and shall have the 
right to prescribe and make changes in the books used 
in said schools and generally to regulate the course of 
instruction and method of teaching. It shall be the du- 
ty of said board to visit the schools at least once a month. 
Said board shall prescribe the terms of principals and 
teachers and within the limits of the fund appropriated or 
received for school purposes, shall fix the salaries of princi- 
pals and teachers, and may at the pleasure of said board in- 
crease or diminish such salaries for the several positions^ 
provided that the salary of no person occupying the pos- 
ition of superintendent, principal or teacher shall be in- 
creased or diminished during the term for which he (or 
she) was elected, and the term of office of the superin- 
tendent of the schools, shall be two years. It shall b© 
the duty of said board to require the superintendent of 
the public schools to keep full and accurate accounts of 
all moneys received and disbursed for the above schools; 
they shall report to the city council the amount of all 
salaries, as fixed by them, and the city clerk shall issue 
on the first day of each month a warrant on the treasurer 
for the salaries of the superintendents, principals and 
teachers for the preceding month. The salary of the 
superintendent shall be fixed by the board of education 
and shall not exceed two thousand dollars per annum. 
Said board shall have and exercise such other powers as 



101 

may be necessary to give such board complete control of 
the public schools in the city, not inconsistent with the 
provisions of this charter. The said city council shall 
have the power to lease or build school houses, and shall 
have the power to buy or lease lands for the purpose of 
building school houses, taking the deeds and leases to 
the city of Montgomery, and also to purchase and fur- 
nish school buildings and to make such appropriations 
and exercise all control they now exercise in respect to 
the maintenance of said city public schools, not incon- 
sistent with the provisions of this act. The said school 
district shall receive its proportionate share of the public 
school revenue, and shall also receive all taxes collected 
as poll taxes within the said district, for the use and 
maintenance of the public schools therein and which 
shall be collected by the superintendent of the schools 
and by him paid to the city treasurer, and all other 
funds collected by him shall be paid to the city treasurer, 
who shall issue a receipt for all such moneys received. 
It shall be the duty of the city clerk and treasurer to 
credit the school department of the city with such pay- 
ment, in addition to the moneys appropriated to said 
departments by said city council as herein provided, and 
all funds so credited, shall be paid out on requisition of 
said board as other moneys in the city treasury are di- 
rected to be paid out. The said city council of Mont- 
gomery may appropriate out of the revenues of said city, 
in addition to tlie other funds provided for in this char- 
ter, such sums as they may determine for the use and 
maintenance of the said schools, and may also make 
such appropriations as may be necessary for the furnish- 
ing, lease and erection of school buildings and the pur- 
chase and lease of lands on which to erect school houses. 
The said board of education may at any time remove 
said superintendent of schools, or any officer or teacher 
therein, and said superintendent, officer or teacher of 



102 

said schools when removed shall be ineligible for re-elec- 
tion during the term for which they were originally elect- 
ed. All vacancies in the offices of superintendent, prin- 
cipals and teachers shall be filled by the said board of 
education. The superintendent of said public schools 
shall give bond in the sum of three thousand dollars. 
He shall personally overlook, supervise and manage the 
said public schools under the direction of the said board 
of education ; shall attend to the taking of the school 
census, (with such assistance as may be allowed him 
by the council to be paid for out of the money appropri- 
ated for the department of schools,) which census shall 
be taken for said city in the month of April of each odd 
year, audit shall further be the duty of said superin- 
tendent to make full and complete reports to the State 
superintendent of education and to said city council, and 
to discharge such other duties not inconsistent with this 
act as the said city council and board of education may 
prescribe ; Provided, that the term of office of the mem- 
bers of the present board of education shall in no man- 
ner be affected by this amendment. Feb. 18, 1895. 



CITY OF SELMA, 



AN ACT. 
To incorporate the City School Board of Selma. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That George 0. Baker, Courtney J. Clark, 
Edmund W. Pettus, William E. Wailes, George Peacock, 
A. M. Fowlkes, R. M. Nelson, Samuel M. Sterne, Jon- 
athan Haralson, William P. Armstrong and Hugh S. D, 
Mallory, who are now the trustees of Dallas Male and 
Female Academy, and their successors in office as such 
trustees, be and they are hereby incorporated by the 
name of The City School Board of Selma. 

Sec. 2. Beit turther enacted, Hhs^t the city school 
board of Selma shall have exclusive power to establish, 
regulate, control and conduct the public schools in the 
school district of Selma, and shall be capable and liable 
in law and in equity to sue and be sued, to plead and be 
impleaded, and shall have power to make such by-laws, 
rules and regulations for the government of their own 
body, and to make such rules and regulations for the 
election and pay of teachers, the admission of pupils, 
and the conduct and control of public schools in the 
school districts of Selma as they may deem necessary, 
not inconsistent with the constitution or laws of this 
State or of the United States. 

Sec. 3. Be it further enacted, That the city school 
board of Selma shall have power to divide Selma into 
school districts and to erect, purchase or rent buildings 
for public schools, and to furnish and keep the same in 
repair ; to establish and control separate schools in Sel- 
ma for the education of children of African decent, and 
separate schools for the education of white children, and 



104 

to regulate the admission of pupils to all such public 
schools in Selma; and to establish a high school for teach- 
ing the higher branches of education and to award di- 
plomas to graduates of the high school under such regu- 
lations as they may adopt, and the city school board of 
Selma shall have power to collect a contingent fee from 
each pupil, not to exceed two dollars for any scholastic 
year to meet current expenses, and to fix and collect 
such tuition fees in the high school as may be deemed 
necessary, in addition to their income from other sources 
to carry on said school. 

■•■Sec. 4. Be it further enacted, That all money appro- 
priated to public schools in Selma by this state shall be 
paid out by the superintendent of education for the 
school district of Selma, as now provided for by law, 
but all money collected by Selma as a special tax under 
its charter, and all money collected by Selma for the 
purposes of public schools in Selma shall be paid to the 
treasurer of the city school board of Selma, to be dis- 
bursed by him under the directions of the city school 
board of Selma, and shall make annually in June a 
statistical and financial report to the city council of 
Selma. 

Sec. 5. Be it further enacted, That the city school 
board of Selma shall have power to appoint such officers 
and agents as they may deem necessary to carry into 
effect the powers herein granted, and to prescribe the 
duties of such officers and agents. 

Sec. 6. Be it further enacted, That nothing in this 
act contained shall be construed to be an amendment of 
the act of the Legislature of the State of Alabama, ap- 
proved January 30th, 1845, whereby the trustees of 
Dallas Male and Female Academy were incorporated. 

Sec. 7. Be it further enacted, That all laws and parts 
of laws in conflict with this act be and the same are 
hereby repealed. 
, Approved December 10, 1890; 



CITY OF HUNTSVILLE. 



§ 1. Huntsville, a district. — The corporate limits of 
the city of Himtsville shall constitute a school district 
separate from the remaining school districts of the 
county of Madison, State of Alabama. 

§ 2. Pro rata share of school revenues to be received and 
disbursed by city superintendent. — The city of Huntsville, 
as such school district, shall receive its proportional 
share of the public, school revenues, including a, pro rata 
share of the sixteenth section funds of each township 
that lies partly within the corporate limits of said city, 
and shall also receive all the tax collected as poll tax 
within the corporate limits of the city ; the revenues to 
be drawn and disbursed by the city superintendent of 
education in the same manner as county superintendents 
of education draw and disburse revenues for their re- 
spective counties, and the amount thus drawn by the 
city superintendent of education shall be used exclusively 
for the maintenance of public schools in the city. 

§ 3. City Superintendent ; bond, poivers and duties. — 
There shall be a superintendent for the city of Hunts- 
ville, and as such superintendent he shall give bond and 
qualify as required by law of county superiniendeuts, 
and shall be commissioned as superintendent of public 
schools in the city of Huntsvilie ; and such superintend- 
ent is authorized to co-operate with the board of mayor 
and aldermen of the city of Huntsvilie, in keeping up 
schools in the city of Huntsvilie, and he is also fully 
au,thorized to make contracts with teachers for such 
schools, and to make with the educational institutions 
in the city of Huntsvilie all such necessary and proper 



106 

arrangements for the keeping up, managing and con- 
ducting the schools in the city as may be found best for 
the interests of its citizens. 

§ 4. He is under the control of State Superintendents- 
removal; appointee, in case of vacancy. — The Superintend- 
ent of Education for the city of Huntsville shall be un- 
der the jurisdiction and control of the Superintendent of 
Education, and in the event of a vacancy occurring, by 
reason of removal from office of the city superintendent 
of education by the Superintendent of Education, or 
from any cause, the Superintendent of Education shall 
appoint his successor ; and such appointee shall give 
bond and qualify as other county superintendents. 

§ 5. Compensation of superintendent for city. — The 
superintendent of education for the city of Huntsville 
shall receive for his services such compensation as may 
be fixed by the Superintendent of Education ; but in no 
event shall it exceed one hundred dollars. 

§ 6. Enumeration of children, report thereof, and com- 
pensation. — The city superintendent shall, during the 
month of September, 1877, and every two years there- 
after, cause to be made an enumeration of all the chil- 
dren, white and colored, male and female, between the 
ages of seven years and twenty-one years, who reside in 
the corporate limits of Huntsville, and make report 
thereof to the Superintendent of Education by or before 
the first day of October in each year in which the enu- 
meration shall be taken ; and compensation shall be 
allowed for such enumeration, not to exceed five cents 
for each person enumerated ; but such money may be 
paid out of the money raised by the city of Huntsville 
for school purposes. 



CITY OF EUFAULA. 



The corporate limits of the City of Eufaula, in Bar- 
bour county, State of Alabama, shall constitute a school 
district separate anjd distinct from the remaining school 
districts and parts of districts of said county of Bar- 
bour. 

Sec. 2. Be it further enacted, That the public schools 
of the City of Eufaula shall be under the management 
of a city board of education consisting of five members 
to be elected annually by the city council of Eufaula at 
their first meeting in January in each year, one from 
each ward of the city at large who shall serve without 
pay. 

Sec. 3. Be it further enacted, That the management 
and supervision of the public schools in said school 
district shall be under the city superintendent of educa- 
tion, with such salary as the city board of education 
may determine to be paid out of the city treasury as 
other city officers are paid ; the city superintendent of 
education shall be elected by the city board of education, 
and the city superintendent shall be under the superin- 
tendent of education as the county school officers are. 

Sec. 4. Be it further enacted , That the city superin- 
tendent shall take general supervision of the public 
schools in the city, make full and complete reports to 
the superintendent of education as the law requires of 
county superintendents of education, and perform such 
other duties as are required by county superintendents 
under the general school law. 

Sec. 5. Be it further enacted, That the City of Eu- 
faula as such school district shall receive its proportion- 



108 

ate share of the public school fund including the pro 
rata sJaare of the sixteenth section fund of each town- 
ship that lies partly within the corporate limits of the 
city ana snail also receive all moneys which are, or may 
be collected from license from the sale of liquor in beat 
five m Barbour county, all such funds to be drawn from 
the proper authorities, and disbursed by the city super- 
intendent of education in the same manner as county 
superintendents of education draw -and disburse funds 
for their respective counties, and the amounts thus 
drawn by the city superintendent of education shall be 
used exclusively for the maintenance of the free public 
schools in the city. 

Approved Febrvary 14, 1891. 



CITY OF TUSKALOOSA. 



§ 1, The corporate limits of the city of Tuskaloosa, 
and that portion of Tuskaloosa county, which is situated 
in Township twenty-one (21), and range ten (10) west, 
south of the Warrior river, shall constitute a separate 
school district, separate and apart from the other school 
districts of the county of Tuskaloosa, and the inhabi- 
tants of said school districts are hereby incorporated by 
the name of "the school district of the city of Tuska- 
loosa.'" 

§ 2. The city of Tuskaloosa, as such separate school 
district, shall receive the proportionate share of the pub- 
lic school fund coming to the county of Tuskaloosa, in- 
cluding a pro rata share of the sixteenth section fund of 
each township that lies partly within the school district 
of the city, and shall receive all the taxes collected as 
poll taxes within such school district, said fund and 
taxes to be drawn and distributed by such officers as 
may be appointed for that purpose by the board of educa- 
tion of the school district of the city of Tuskaloosa, in 
the same manner as county superintendents of educa- 
tion draw and disburse the funds for their respective 
counties ; and the amount thus drawn for the city of 
Tuskaloosa shall be used exclusively for the maintenance 
of public schools in said districts, and the city of Tuska- 
loosa is authorized to increase its school fund by receiv- 
ing donations, but for the disbursement of all donated 
funds no charge whatever shall be made, and the mayor 
and aldermeti of the city of Tuskaloosa are hereby au- 
thorized to increase the school fund by levying a tax, 
not ^'O exceed one-fouvt'l"' of one tm-'t r'oi-.+ op fi^o tuxablo 
property of said city, which shall be collected as the other 



110 

taxes of said city. The tax collector of the city of 
Tuskaloosa shall be authorized and empowered to collect 
the State and county poll taxes of all the inhabitants of 
said school district liable to pay said tax in the same 
manner as is now by law provided for the collection 
thereof. 

§ 3. The public schools of the school district of the 
city of Tuskaloosa, shall be under the charge of a board 
of education, to consist of the mayor of Tuskaloosa, who 
shall be ex-officio president of said board, and four other 
persons, residents of said district, to be elected by the 
mayor and aldermen of said city at their regular meeting 
in the month of July, 1875 ; the two first elected shall 
hold their, office for the term of one year, and the two 
last elected shall hold their office for the term of two 
years, and at each regular meeting in the month of 
July of each year, they shall elect two suitable persons 
to suceed those whose offices have expired, so that two 
of each persons shall be elected annually, and the persi- 
dent of said board shall make reports and furnish statis- 
tics and information to the Superintendent of Educa- 
tion of the State as may be required by law of county 
superintendents of education. ' 

§ 4. Each member of said board of education, shall 
upon entering on the duties of his office, subscribe an 
oath to faithfully discharge all the duties enjoined upon 
himby law as such officer; such oath may be adminis- 
tered by the mayor of said city. 

§ 5. Said board of education shall have power, with 
the approval of the board of mayor and aldermen, to 
build upon the property of the city suitable houses for 
use and accommodation of the public school of said 
school district, or the said board may rent such houses. 
Said board shall keep such houses in proper repair and 
shall furnish the same with appropriate furniture and 
apparatus ; Provided, that no contract shall be entered 



Ill 

into and no disbursement of any money or funds; under 
the provisions of this act shall be made, except by the 
consent and under the direction and control of the board 
of mayor and aldermen. 

§ 6. The said board of education shall open a suffi- 
cient number of schools to meet the wants of the popula- 
tion of the city of Tuscaloosa ; and said board shall elect 
such officers as are in their opinion necessary to the good 
government of said schools, and when required such offi- 
cers snail, Deiore entering upon the duties of their re- 
spective offices, take the oath of office prescribed by law 
for all officers in this State, and shall give bond in such 
sum as may be fixed by said board of education, and 
conditioned as all other official bonds ; such bond shall 
be approved by the president of said board of education 
and filed with the official bonds of the city, and a certi- 
fied capy of the bond of the officer selected to receive the 
funds of said district shall be filed in the office of the Su- 
perintendent of Education ; and shall elect all teachers, 
fix their compensation and prescribe their duties, control 
the distribution of teachers and pupils among the sev- 
eral schools, dictate the course of instruction, the num- 
ber and character of text-books, the organization of 
classes, and the method of teaching, and shall prescribe 
rules and regulations for the government of the schools 
aforesaid. Such board shall have and exercise such 
other and additional powers as may be necessary to give 
it complete control of the public schools of said school 
district. Any of sch officers or teachers may be removed 
for cause, to be determined by said board. 

§ 7. Said board of education may issue diplomas to 
all persons who satisfactorily complete the course of 
study prescribed for the public schools of said school dis- 
trict . 

§8. The children and wards of all actual residents 
within the limits of the school district of the city of Tus- 



112 

caloosa, from seven to twenty-one years of age, shall be 
entitled to seats as pupils in the public schools of said 
city ; Provided, such children shall themselves be bona 
fide residents of said city, and non-resident children may 
be admitted into such schools on such terms and condi- 
tions as the board of education may prescribe, but sepa- 
rate schools shall be provided for colored children. 

§ 9. The board of education shall have power to 
charge, in the several grades of said schools, such inci- 
dental or other fees as they may deem necessary for the 
proper conduct of said schools. 

§ 10. All funds devoted to public schooh purposes in 
the school district of the city of Tuscaloosa whether de- 
rived from State, county or city, shall be paid into the 
treasury of said city, where they shall be kept and ac- 
counted for separate and distinct from all other funds be- 
longing to said city, and shall be disbursed in such man- 
ner as the board of education shall direct. 

§ 11. The board of education shall have authority to 
create a board for the examination of applicants for 
positions as teachers in the public schools of the school 
district of the city of Tuscaloosa, and no person shall be 
elected as a teacher in said schools who shall not have 
received a license from such board, 

§ 12. The board of education may, in its discretion, 
institute annual competitive examinations before such 
persons as the board may select, for all applicants for li- 
censes to teach in the public schools in said school dis- 
trict, including licensed teachers in said schools, who are 
applicants for re-election as teachers . 
Approved February 17, 1885. 



TROY DISTRICT. 



§ 1. The corporate limits of the city of Troy shall 
constitute a school district in the county of Pike, and 
the inhabitants of said city are hereby incorporated by 
the name of "The School District of the city of Troy." 

§ 2. The city of Troy, as such separate school dis- 
trict, shall receive the proportionate share of the public 
school fund coming to the county, and shall receive all 
taxes collected as poll taxes within such school district, 
said fund and taxes to be drawn and disbursed by such 
officer as may be appointed for that purpose by the board 
of education of the school district of the city of Troy, in 
the same manner as county superintendents of education 
draw and disburse the funds of their respective counties; 
and the amount thus drawn for the school district of the 
city of Troy shall be used exclusively for the mainten- 
ance of public schools in said district, and the city of 
Troy is authorized to increase its school fund by receiv- 
ing donations ; but for the disbursement of donated 
funds no charge whatever shall be made, and the mayor 
and councilmen of Troy are hereby authorized to increase 
the school funds by levying a tax, not to exceed one- 
fourth of one per centum, on the value of the taxable 
property of the city, when in their opinion they deem 
best, which shall be collected as other taxes of the city, 
and by appropriating any suplus fund arising in the 
treasury of said city to said school fund. The tax col- 
lector of the city of Troy shall be authorized, and is 
hereby empowered, to collect the State and county poll 
taxes of all the inhabitants of said school district liable 
to pay said tax, in the same manner as is now or may 



114 

hereafter be provided by law for the collection thereof. 

§ 3. The public schools of the school district of the 
city of Troy, shall be under the charge of a board of 
education to consist of the mayor of Tro}^ , who shall be 
ex-officio president of said board, and four other persons, 
residents of said district, to be elected by the mayor and 
councilmen of Troy at their regular meeting in January; 
the first two elected shall hold their said office for the 
term of two years, and until their successors are elected 
and qualified, and at each regular meeting in the month 
of June of each year, they shall elect two suitable per- 
sons to succeed those whose office has expired, so that 
two of such persons shall be elected annually, and the 
president of said board shall make reports and furnish 
statistics and information to the Superintendent of Edu- 
cation of the State, as may be required by law of county 
superintendents of education. 

§ 4. Such member of said board of education shall, 
upon entering upon the duties of his office, subscribe an 
oath to faithfully discharge all the duties enjoined upon 
him by law as such officer ; such oath may be adminis- 
tered by the mayor of said city. 

§ 5. That said board of educaction shall have power, 
with the approval of the mayor and councilmen of Troy, 
to build upon the property of the city, suitable houses 
for the use and accommodation of the public schools of 
said school district, or the board may rent or purchase 
such houses. Said board shall keep said houses in propr 
er repair, and shall furnish the same with appropriate 
furniture and apparatus ; Provided, that no contract shall 
be entered into, and no disbursements of any moneys or 
funds under the provisions of this act shall be made ex- 
cept by the consent and under the direction and control 
of the mayor and councilmen of Troy. 

§ 6. Said board of education may open a sufiicient 
number of schools to meet the wants of the population 



115 

of the city of Troy ; and said board shall elect such offi- 
cers as are, in their opinions, necessary to the good 
government of said schools, and when required, such 
officers shall before entering upon the duties of their re- 
spective offices, take the oath of office prescribed by law 
for all officers in this State, and shall give bond in such 
a sum as may be fixed by said board of education, and 
conditioned as all other official bonds ; said bond shall 
be approved by the president of said bbard of education, 
and iiied with the official bonds of the city, and acertified 
€opy of the bond of the officers selected to receive the 
funds of said district, shall be filed in the office of the 
Superintendent of Education ; and said board shall elect 
all teachers and pupils among the several schools ; dic- 
tate the course of instruction ; the number and charac- 
ter of text books ; the organization of classes, and the 
method of teaching and shall prescribe rules and regula- 
tions for the government of the schools aforesaid. Such 
board shall have and exercise such other and additional 
powers as may be necessary to give it complete control 
of the public schools of said school district. Any of such 
officers or teachers may be removed for cause, to be de- 
termined by said board. 

§ 7. The children and wards of all actual residents 
within the limits of the school district of the city of 
Troy, from seven to twenty-one years of age, shall be 
entitled to.seats as pupils in the public schools of said 
city ; Provided, said children shall themselves be bona 
fide residents of said city, and the non-resident children 
may be admitted into such schools, on such terms and 
conditions as the board of education may prescribe ; Aiid 
provided, that separate schools shall be provided for 
colored children, and the funds derived from taxes col. 
lected of the colored population in said school district, 
either as poll taxes or taxes upon real and personal 
property, shall be devoted and applied exclusively to the 



116 

support and maintenance of schools for colored children. 

§ 8. Said board of education may issue diplomas to 
all persons who satisfactorily complete the course of 
study prescribed for the public schools of said school 
district. 

§ 9. The board of education shall have power to 
charge in the several grades in said schools such inci- 
dental or other fees, as they deem necessary for the pro- 
per conduct of said schools. 

§ 10. All funds devoted to public school purposes, 
in the school district in the city of Troy, whether deriv- 
ed from State, county or city, shall be paid into the 
treasury of said city, where they shall be kept separate 
and distinct from all other funds belonging to said city, 
and shall be disbursed in such manner as the board of 
education may direct. 

§ 11. Be it further enacted, That the board of educa- 
tion shall have authority to create a board for the ex- 
amination of applicants for positions as teachers in the 
public schools of the school district of the city of Troy, 
and no person shall be elected as a teacher in said schools 
who shall not have received a license from such board. 

§ 12. Be it further enacted, That the board of educa- 
tion may, in its discretion, institute annual competitive 
examinations before such persons as the board may 
select, for all applicants for licenses to teach in the pub- 
lic schools in said school district; including licensed 
teachers in said schools, who are applicants for re-elec- 
tion as teachers. 



DECATUR DISTRICT. 



§ 1. The public schools of Decatur shall be under 
the charge of a board of education, to consist of six 
members who shall be appointed by the State Superin- 
tendent of Education in the following manner : The 
successors of L. M. Falk and B. F. Cross, shall be ap- 
pointed to serve until January 1st, 1892 ; the successors 
of mayor C. C. Austin and L. H. Grubbs, until January 
1st, 1893 ; the successors of C. C. Harris, and a new 
member of the board to be appointed as soon as possible, 
to serve until January 1st, 1894. At the expiration of 
terms, successors shall be appointed for three years. 
All vacancies shall be filled by the State Superintendent 
of Education as soon as notified by the board of the 
vacancy, the member so appointed to serve for remainder 
of the term. 

§ 2. Said board shall have power to build upon the 
property of the town , suitable houses for the use and ac- 
commodation of the public schools of said town, or the 
said board may rent such houses. 

§ 3. The board of education shall open a sufficient 
number of schools to meet the wants of the population 
of Decatur ; and said board shall elect a superintendent 
of said schools, the principal or principals thereof and 
all the teacners ; fix their compensation and prescribe 
their duties ; control the distribution of teachers and 
pupils among the several schools ; dictate the course of 
instruction, and prescribe the rules and regulations for 
the government of said schools ; also provide the text- 
books for the same. 

§ 4. Said board of education shall issue diplomas to 
all persons who satisfactorily complete the course of 



118 

study prescribed for the public high schools of said 
town . 

§ 5. The children and wards of all actual residents 
within the corporate limits of Decatur, from seven to 
twenty-one years of age, shall be entitled to seats as pu- 
pils in the public schools of said town ; Provided, said 
children shall themselves be bona fide residents of said 
town, and non-resident children may be admitted into 
such school, on such terms and conditions as the board 
of education may prescribe ; but separate schools may 
be provided for the children of citizens of African 
descent. 

§ 6. It shall be the duty of the board of education ^ 
before the first day ir^ August of each year, to prepare 
and file with the mayor of Decatur, an estimate of the 
money that will be required for the maintenance of the 
public schools of the town for the succeeding scholastic 
year, and for the erection and repair of necessary school 
buildings ; and the board of mayor and councilmen of 
said town shall make the necessary provision to supply 
funds required in said estimate. 

§ 7. The board of education shall have power to 
charge, in the several grades of said schools, such inci- 
dental or other fees as they may deem necessary for the 
proper conduct of said schools. 

§ 8. The plan of instruction, and all rules and regu- 
lations adopted by said board, shall be adhered to, un- 
less altered by a two-thirds vote of the members thereof . 

§ 9. The board of education shall have authority to 
elect from its own members, a president, secretary and 
treasurer, to serve for a term of one, two or three years, 
as the board may prefer ; the first election to be held 
January 1st, 1890, or as soon thereafter as practicable. 

§ 10. The board of education shall have authority to 
create a board for the examination of applicants for 
positions as teachers in the public schools in the town 



119 

of Decatur, and no person shall be elected as teaclier in 
said schools who shall not have received a license from 
such board . 

§ 11. All funds devoted to public school purposes in 
Decatur, whether derived from the State, county or 
town, shall be paid into the treasury of said town, and 
shall be disbursed in such manner as the board of edu- 
cation may direct. Not more than four per cent, of all 
money raised, or which may be hereafter appropriated 
for the support of public schools, shall be used or expend- 
ed, otherwise than for the payment of teachers employed 
in such schools. 

§ 12. The treasurer who shall be elected by the board 
of education, shall, before entering upon the duties of 
his office, take the oath of office and shall give bond in 
a sum fixed by the board, not loss than double the 
amouunt of money that may be in his hands at any one 
time, and conditioned as required by law ; such bond 
shall be approved by the State Superintendent of Educa- 
tion, and filed in his office. 

§ 13. The treasurer of the board shall draw and dis- 
tribute public school funds in the same manner that the 
county superintendents of education draw and distribute 
school funds, and the amounts thus drawn shall be used 
exclusively for the public schools in the town. 

§ 14. That the treasurer may be removed for cause, 
either by the said board or by the State Superintendent 
of Education. 



OPELIKA. 



§ 1. The corporate limits of the district of Opelika 
shall constitute a school district separate and apart from 
the remaining school district or township of the county 
of Lee. 

§ 2. The public schools of the district of Opelika 
shall be under the control and management of a board 
of education, to consist of seven persons, to be appointed 
fey the State Superintendent of Education and continue 
in office two years , or until their successors shall be ap- 
pointed and qualified ; said terms of office beginning on 
the first Tuesday in March, 1887, and every two years 
thereafter . 

§ 3. Each member of said board of education shall, 
upon his induction into office, subscribe an oath or 
affirmation faithfully to discharge all the duties imposed 
on him as a member of said board. 

§ 4. For good cause, any member of said board may 
be removed by the State Superintendent of Education, 
and all vacancies in said board arising from removal, 
death, resignation or otherwise, shall be filled by the 
State Superintendent of Education for the unexpired 
term. 

§ 5. Said board of education shall elect one of their 
number to be president, and one to be secretary and 
treasurer, who shall hold their offices during the pleas- 
ure of the board ; a majority of the board shall constitute 
a quorum to trWsact business. 

§ 6. The president shall be chief executive ofiicer of 
the. board, who shall preside at its meetings ; he shall be 
ex- officio district superintendent of education, and shall. 



121 

within the district of Opelika, perform all the duties re- 
quired of county superintendents, except as hereinafter 
provided. In case of his absence or inability to act, 
the board may name a temporary vice-president, who 
shall during such absence or inability to act, have the 
powers of the president. 

§ 7. The secretary and treasurer of the board shall 
keep a true and faithful record of the proceedings ; shall 
preserve the books of said boards and file of its papers 
and documents, all of which shall be open to public in- 
spection ; and he shall also perform such other duties as 
may be required of him by said board ; he shall receive 
compensation as the board of education may allow. 

§ 8, All funds devoted to public school purposes in 
the district of Opelika, whether derived from State, 
county or district, shall be paid directly to the secretary 
and treasurer of said board of education, in the same 
manner as State and county funds are paid to county 
superintendents of education, and shall be dispensed in 
such manner as the board of education may direct, and 
only upon the warrant of the board, signed by the presi- 
dent thereof. For the faithful performance of all his 
duties, said secretary and treasurer shall give bond, 
with good and sufficient security, in such sum as the 
board of education may fix, not less than double the 
amount likely to be in his hands at any one time ; said 
bond to be approved by the judge of probate of Lee 
county, and filed in his office ; a certified copy of which, 
to be sent to the State Superintendent of Education. 

§ 9. The secretary and treasurer shall make monthly 
reports to the board of education, showing 'the amount 
of money received and paid out during the month, the 
vouchers for the same, the amount of cash on hand, the 
liabilities of said board, and such other information as 
may be required by the board. 

§ 10. The said board of education shall have power 



122 

to establish such public schools for the white race, and 
such public schools for the colored race as the means- 
and wants of the population of said school district may 
justify; may elect a superintendent of said schools, the 
principal thereof, and all teachers, and remove the same 
for good cause; fix their compensation, and prescribe 
their duties ; control the distribution of teachers and 
pupils among the several schools ; dictate the course of 
instruction, the number and character text books, the 
organization of classes or grades, the method of teach- 
ing ; and shall prescribe rules and regulations for the 
government of the schools. Said board shall have and 
exercise such other and additional powers as may be 
necessary to give it complete control of the public schools 
of said school district ; and shall perform all the duties 
imposed on township trustees in the State. 

§ 11. The plan of instruction, kind of text books and 
the rules and regulations adopted by said board for the 
government of said public schools, shall be adhered to 
unless altered by a vote of two- thirds, of said board. 

§ 12, Said board of education may issue diplomas to 
all persons who satisfactorily complete the course of 
study prescribed for the j^ublic high schools of said 
district . 

§ 13. All bona fide residents within the corporate 
limits of the district of Opelika, from seven to twenty- 
one years of age, shall be entitled to seats as pupils in 
the public schools of said district ; Provided, non-resi- 
dents may be admitted into such schools on such terms 
and conditions as the board of education may prescribe. 

§ 14. The board of education shall have authority 
to create a board for the examination of applicants for 
positions as teachers in the public schools of the district 
of Opelika, and no person shall be elecied as a teacher 
in SQch schools who shall not have received a license 
from such board ; Provided, said board is authorized to 



123 

carry out any contract with teachers existing at the time 
of the approval of this act, if they see proper. 

§ 15. The^board of education may, in its discretion, 
institute, before such persons as the board may select, 
annual competitive examinations of applicants for posi- 
tions as teachers in the public schools of said district, 
including licensed teachers in said schools, who are ap- 
plicants for re-election as teachers. 

§ 16. Said board of education shall control, manage, 
and disburse all revenues which maybe raised by special 
tax or otherwise for the maintenance of the public 
schools in the district of Opelika, under such rules and 
regulations as the board may prescribe ; Provided, that 
where donations or contributions are made to the public 
schools of the district of Opelika, or to any one of them, 
the board shall apply the donations or contributions in 
the manner indicated by the party or parties contribu- 
ting. 

§ 17. Said board of education shall have power to 
buy lands for the purpose of erecting school buildings 
thereon, or to provide suitable school buildings by rent 
or purchase, and all necessary furniture, equipments 
and apparatus ; the title to said property to be vested in 
said board of education and their successors in office. 

§ 18. Said board of education shall have power to 
charge in the several grades of the public schools of the 
district of Opelika such incidental or other fees as may 
be deemed necessary for the proper conduct of said 
schools. 

§ 19. The district of Opelika, as a separate school 
district, shall receive its proportionate share of the 
school fund apportioned to Lee county, inr^luding a pro 
rata share of the sixteenth section fund of each town- 
ship that lies partly within the corporate limits of said 
district of Opelika, and all the poll tax collected in cor- 
porate limits of said district, and all other funds set 



124 



apart by the State for school purposes ; Provided, that 
not more than four per cent, of said fund derived from 
the State shall be used otherwise than for the payment 
of teachers in the public schools of the district of 
Opelika. 

Approved February 22, 1887. 



CITY OF TUSCUMBIA. 



§ 1. The corporate limits of the City of Tuscumbia^ 
in Colbert county, Alabama, shall constitute a school 
district separate and apart from the other school districts 
in the county of Colbert, and the inhabitants of said 
city of Tuscumbia are hereby incorporated by the name 
of ''The School District of the City of Tuscumbia." 

§ 2. The city of Tuscumbia as such separate school 
district shall receive the proportionate share of the pub- 
lic school fund coming to the county of Colbert, includ- 
ing a pro rata share of the sixteenth section fund of 
that township that lies partly within the school district 
of said city, and shall receive all the taxes collected as 
poll taxes within such school district, commencing with 
the scholastic year beginning October 1st, 1888, for the 
use and maintenance of the public schools therein ; said 
fund and taxes to be drawn by such officer as may be 
appointed for that purpose by the board of education of 
the school district of the city of Tuscumbia in the same 
manner as county superintendents of education draw 
the funds of their respective counties, said officer to give 
such bond as may be required by the board, payable 
and conditioned as bonds of county superintendents . And 
the amount thus drawn shall be paid to the treasurer of 
said board of education. 

§ 3. All funds devoted to public school purposes in 
the school district of the city of Tuscumbia, whether de- 
rived from State, county or city, shall be paid to the 
treasurer of the said board of education and shall be dis- 
bursed in such manner as the board of education shall 
direct ; and not more than five per cent, of all moneys 



126 

raised or which may be hereafter appropriated for the 
support of public schools in said city, shall be used or 
expended otherwise than for the payment of teachers 
employed in such school. 

§4. The public schools of the school district of the 
city of Tuscumbia shall be under the charge of a board 
of education, to consist of the mayor of the city of Tus- 
cumbia, who shall be ex-ofiicio president of said board, 
and six other persons, residents of said city of Tuscum- 
bia, to be elected by the board of mayor and aldermen 
of the city of Tuscumbia at their regular meeting in the 
month of March, 1889, or as soon thereafter as practica- 
ble ; the first two elected shall hold their office for a term 
of two years, and the second two elected shall hold their 
office for the term of four years, the last two elected 
shall hold their office for the term of six years, and at 
each regular meeting in January biennially or as soon 
thereafter as practicable, they shal] elect two suitable 
persons to succeed those whose offices have expired, so 
that two such persons shall be elected biennially. Va- 
cancies in said board shall be filled by election of board 
of mayor and aldermen of the city of Tuscumbia, at the 
first regular meeting of said board after the occurence 
thereof ; or soon thereafter as practicable, the members 
so elected to serve for the remainder of the unexpired 
term. The president of said board shall make reports 
and furnish statistics and information to the superinten- 
dent of education of the State as may be required by law 
of county superintendents of education. 

§ 5. Each member of the board of education except 
the president shall, on his induction into office, take the 
following oath : I do solemnly swear that I will use my 
best endeavors to carry out faithfully all the laws now in 
force and those hereafter enacted to provide a school 
fund and to regulate the public schools of the city of 



127 

Tuscumbia, so help me God. Said oath may be admin- 
istered by the mayor of said city. 

§ 6. Said board of edncation shall have power, with 
the approval of the board of mayor and aldermen of said 
city, to build upon the property of the city suitable 
houses for use and accommodation of the public schools 
of said district, or said board may rent such houses. 
Said board shall keep said houses in proper repair and 
shall furnish the same with appropriate furniture and 
apparatus ; Provided, that no contract shall be entered 
into and no disbursements of any moneys or funds un- 
der the provisions of this act shall be made except by 
the consent and under the direction and control of the 
board of mayor and aldermen. 

§7. The said board of education may open a suffi- 
cient number of schools to meet the wants of the popu- 
lation of the city of Tuscumbia-, and said board shall 
elect such officers as are in their opinion necessary to 
the good government of said schools , and when required 
such officers shall, before entering upon the duties of 
their respective offices, take the oath of office prescribed 
by law for all officers in this State, and shall give bond 
in such sum as may be fixed by said board of education 
and conditioned as all other official bonds. Snch bonds 
shall be approved by the president of said board of edu- 
catioh, and filed with the other official bonds of the city, 
and a certified copy of bond of the officer selected to re- 
ceive the' funds of said district shall be filed in the office 
of the State Superintendent of Education ; and shall 
elect a superintendent and all teachers, fix their compen- 
sation and prescribe their duties, control distribution of 
teachers and pupils among the several schools, dictate 
the course of instruction, the number and character of 
textbooks, the organization of classes, and shall pre- 
scribe rules and regulations for the government of the 
schools aforesaid. Such board shall have and exercise 



]28 

such other additional powers as may be necessary to 
give it complete control of the public schools of the dis- 
trict. Any of such officers or teachers may be removed 
for cause to be determined by said board. 

§ 8. Said board of education may issue diplomas to 
all persons who satisfactorily complete the course of 
study prescribed for the public schools of said school dis- 
trict. 

§ 9. The children and wards of actual residents with- 
in the limits of the school district of the city of Tuscum- 
bia, from seven to twenty-one years of age, shall be enti- 
tled to seats as pupils in the public schools of said city ; 
provided, such children shall be bonu fide residents of said 
city, and non-resident children maybe admitted into such 
schools on such terms and conditions as the board of ed- 
ucation may prescribe ; but separate schools shall be pro- 
vided for the colored children. 

§ 10. The board of education shall have power to 
charge in the several grades in said schools such indi- 
vidual or other fees as they may deem necessary for the 
proper conduct of said schools. 

§ 11. The said board of education shall have authori- 
ty to create a board for the examination of applicants 
for positions as teachers in the several grades of the pub- 
lic schools of said district of the city of Tuscumbia, and 
no person shall be elected as a teacher in said scliools 
who shall not have received a license from such board. 

§ 12 . The said board of education shall have authori- 
ty to elect from its own members a secretary, treasurer 
and such other officers as may be required to serve for 
one year or until their successors are duly elected and 
qualified. 

§ 13. It shall be the duty of the board of education, 
before the first day of August of each year, to prepare 
and file with the mayor of Tuscumbia an estimate of the 
money that will be required for the maintenance of the 



129 

public schools of said district for the succeeding scholas- 
tic year, and for the erection and repair of necessary 
school buildings in order that the board of mayor and 
aldermen of said city of Tuscurabia may make the nec- 
cessary provisions to supply the funds required in said 
estimate. 

§ 14. Said board of education shall have power to 
enact by-laws, rules and regulations necessary for its 
government. 

Approved February 26, 1889. 

[By act approved February 16, 1891, the board of ed- 
ucation of the separate school district of Tuscumbia and 
their successors are declared successors in office of the 
trustees of the Tuscumbia Male Academy.] 



CITY OF GADSDEN, 



I 1. The corporate limits of the city of Gadsden, Ala- 
fcama, as they now are or may hereafter exist, shall con- 
alitute a public school district separate and apart from 
the remaining school district of Etowah county, and 
shall be known as the Gadsden Public School District. 

§ 2. The city council of Gadsden, and their successors 
ia office shall constitute a board of trustees for said 
sclsool district, who shall, as soon as practicable, proceed 
to establish and control said public school district under 
the regulations hereinafter set forth. 

I 3. The said city council shall have the power to buy 
mnd lease lands for the purpose of building school build- 
ings ,. or lands with school buildings thereon, to be used 
lor school purposes , taking the deeds to themselves, and 
&eir successors , and also to purchase, erect and furnish 
school buildings . 

§ 4. Said city council are authorized to establish and 
Jbcate the number of public schools to be taught each 
■j%BX within said school district, and elect trustees for the 
same, whether for males or females, white or colored, 
.mMd perform all other duties necessary to the proper reg- 
rfation and maintenance of such schools. 

§ 5 . The Gadsden public school district shall receive 

M» proportionate share of the public school revenue, in- 

'ii'irfiiig its pro rata share of the sixteenth section fund, 

: ikBd shall also receive all the tax collected as poll taxes 

within the limits of said school district for the use and 

: m&aiDtenance of the public schools therein, in the same 

manner as the county superintendents receive school 

iBnds. All moneys collected or received by the city of 

©adsden for school purposes pursuant to this act, shall 



131 

be paid over to the treasurer of said city and be kept by 
him separate and apart from all other funds of the city, 
and shall be paid out only on warrant in favor of the city 
superintendent of schools drawn by the clerk of said city 
on a resolution or ordinance of said city council. And 
the said city council shall require a separate bond from 
the city treasurer for the safe keeping of said funds in 
such sum and with such condition and security as they 
may prescribe, and payable to said city council and their 
successors, which bond shall be filed with the city clerk, 
and shall be renewed from time to time as said city coun- 
cil may direct. 

§ 6. A tax of one-fifth of one per cent, in addition to 
the per cent, of tax levied by the State for State pur- 
poses, shall be levied by the tax assessor of Etowah 
county on all property taxed by the State within the lim- 
its of said Gadsden school district for public school pur- 
poses, and shall file such assessment with the treasurer 
of said city of Gadsden at the same time and manner he 
files his assessments for the State and county taxes with 
the probate judge of Etowah county. And the tax col- 
lector of Etowah county shall collect said taxes in the 
same manner as he collects the taxes for the State and 
county, and the same remedies shall be used and em- 
ployed by him for collecting such taxes for the State and 
county. The same power and jurisdiction as to this 
matter being granted and conferred on the probate judge 
and probate court of Etowah county to issue execution 
and condemn property, as they have in collecting and en- 
forcing liens for State taxes. And said tax assessor and 
collector shall be allowed the same rate of commission 
for assessing and collecting such taxes as are allowed for 
assessing and collecting State taxes. And said tax col- 
lector shall pay over said taxes as he collects them to the 
city treasurer of Gadsden, taking his receipt therefor 
and the tax assessor and the ta;s: collector shall be re- 



1 oo 

quired to make settlements for such taxes with the city 
authorities of Gadsden, as they are required to make- 
with the commissioners court of Etowah county for State- 
and county taxes And the same liability and remedies 
shall attach to their bonds for any default and dereliction 
of duty in this behalf as are given the State and county 
on their bonds for like default and dereliction. 

§ 7. Said city council shall have power to elect a su- 
perintendent of the public schools of said district, who 
shall hold his office for two years. Such superintendent^ 
before entering upon the duties of his office, shall take 
the oath of office prescribed by law, for such officers in 
this State, and shall give bond with security in such sum 
as may be fixed by said council and their successors, and 
conditioned as all other official bonds. Said bond shall 
be approved by said city council and filed in the office of 
the clerk of said city, and a certified copy thereof shall 
be filed with the State Superintendent of Education. All 
funds drawn by the city clerk by direction of said city 
council as heretofore provided , shall be received from the 
city treasurer by such superintendent on such warrants, 
and disbursed and accounted for by him in like manner, 
as is required by county superintendents. 

§ 8. Said superintendent of public schools of the Gads- 
den School District, may be removed at any time, either 
by said city council or by the State Superintendent of 
Education, and, when removed shall he ineligible to re- 
election during the time for which he was elected. All 
vacancies for the ofiice of the superintendent shall be 
filled by election by said city council, at any regular or 
special meeting called for that purpose, and the person 
so elected shall hold for the unexpired term, and shall 
qualify as above required. The said superintendent shall 
be commissioned by the State Superintendent of Educa- 
and he shall receive such compensation, to be paid out 
of the fund provided for in this act, as said citv council 



loo 

may fix. Said superintendent shall make full and com- 
plete reports to the said city council, and to the State 
Superintendent of Education, and perform such other 
duties as are required by law of county superintendents 
of education, not inconsistent with this act, and also such 
other duties as said city council may require, not incon- 
sistent with this act, and the general laws of the State. 

§ 9. All moneys collected under this act from the 
white race, shall go to the support of white schools, and 
all moneys collected from the colored race shall be ap- 
plied to the support of the colored schools, that shall be 
established in said school district, and to carry out the 
provisions of this section, it shall be the duty of the tax 
assessor in making assessments under the provisions of 
this act, to note on the assessment book the race to 
which all property assessed belongs, and the duty of the 
tax collector to report how much of said tax has been 
collected from each race. 



CITY OF FLORENCE, 



Sec. 1. A separate school district is hereby estab- 
lished in the city of Florence, the boundaries of which 
shall be the corporate limits of the city of Florence, 

Sec. 2. The mayor and aldermen of the city of Flor- 
ence are hereby authorized and empowered to elect trus- 
tees and prescribe their duties and powers ; to author- 
ize them to receive, hold, transmit and convey the title 
to real and personal property, and to do and perform 
such other duties as may be deemed advisable, for th* 
purpose of establishing and maintaining, in sa^d limits, 
a school or schools, or a system of graded schools. 

Sec. 3. The said mayor and aldermen of the city of 
Florence are hereby authorized and empowered to adopt 
and enforce such ordinance or ordinances as may be 
deemed advisable for the full establishment and main- 
tenance of said school or schools, or a svstem of schools, 
also to erect, equip and maintain such buildings and 
premises as may be advisable for the same ; Provided, 
that nothing in this act shall be construed to limit or 
abridge the powers already conferred by law upon the 
said corporate authorities of said city. 

Sec. 4. Said school district shall be entitled to re- 
ceive its proportionate share of all funds raised or appro- 
priated by the State, for public schools ; also its propor- 
tionate share of the sixteenth section fund accruing to 
the township of which said school district is a part, and 
it snail receive all poll tax which may be collected from 
residents of said school district, and all funds which 
may be donated thereto. 

Sec. 5. Until the said corporate authorities of said 



135 

city shall provide some other bonded offiv^er for that pur- 
pose, the treasurer of said city shall receive and disburae 
all funds of said district, shall keep said funds and ^tfc 
accounts thereof separate from the general funds of saisi 
city and for any default therein he and his sureties shall 
be liable, as for the general funds of said city. 

Sec. 6. Be it further enacted. That the State Btst- 
perintendent of Educationj or other proper officer of tis/e 
State, shall give the necessary orders and instruction* 
and issue the necessary warrants and certificites to se- 
cure 'the payment to the treasurer of the city of Flor- 
ence, or to such other officer as the said corporate author- 
ities shall desii^nate, all funds to which said district may 
be entitled. 

Sec. 7. Be it farther enacted, Tliat the mayor and 
aldermen of the city are hereby authorized and empow- 
ered to levy and collect a tax upon the pi^operty withia 
its limits, f vr the maintenance of said schools, to sud&. 
amount as said corporate authorities may deem advisa- 
ble within constitutional limits. 

Approved February 18, 1891. 



CITY OF ANNISTON. 



SecK The territory within the corporate limits of 
the City of Anniston shall be a school district separate 
and apart from the remaining districts in the county of 
C^.lhpun. 

^Ep.; ,2, Beit further enacted, That the public schools 
of the City of Anniston shall be under the control and 
n^anagement of a board of education, to consist of nine 
suitable persons to be elected by the mayor and council 
of Anniston from the qualified electors of the city at its 
fii^st.regular meeting in March, 1891; such board to be 
divided into three classes, three in each class. The 
first class shall hold office for a term of two years, the 
second for four years and the third for six years, and 
biennially thereafter the city council shall elect the suc- 
cessors of the three members of the board whose term 
of office expires, and they shall hold for a term of six 
years. Vacancies in said board caused by death, resig- 
nation or removal shall be filled for the unexpired term 
by the city council. The board shall elect a chairman 
from its members who shall hold office for a term of 
two years. He shall have the right to vote upon all' 
questions before said board, and shall have a casting 
vote where there shall be a tie. 

Sac. 3. Be it further enacted, That each member of 
said board shall, upon his induction into office take and 
subscribe an oath or affirmation faithfully to discharge 
the duties imposed upon him as a member of such board. 
A majority shall constitute a quorum for the transaction 
of business. The members shall receive no compensa- 
tion . 



137 

Sec. 4. Be it further enacted, That said board may pro- 
vide all rules, by-laws, or regulations necessary for the 
conduct of business that may come before it, and may 
elect a secretary, who shall hold office at its pleasure, who 
shall receive such compensation as such board may pre- 
scribe . 

Sec. 5. Beit further enacted, That it shall be the duty 
of such board, annually, before the first day of May, to 
submit a statement to the mayor and city council afore- 
said, showing the amount of money required for the sup- 
port and maintenance of the public schools of the city 
for the next ensuing scholastic year, and for the erection, 
rental or repair of the necessary school buildings, to- 
gether with a statement of the probable amount of money 
"that will be received from the school fund, or from any 
other source. When such statement shall have been 
made, the mayor and city council shall make an appro- 
priation to supply whatever additional amount may be 
necessary, but it shall not be required to appropriate 
more than twent}^ per cent, of the gross revenues of the 
city for such schools ; but it may in its discretion appro- 
priate larger sums, or make special appropriations for 
the erection, repair or rental of school houses ; and all 
moneys, whether received from the city or from the State, 
county or other source, shall be placed by the city treas- 
urer to the credit of such board of education, separate 
and apart from other funds in his hands, and shall be 
disbursed as prescribed by said board. 

Sec. 6. Be it fuathcr enacted. That such board shall 
elect a superintendent of the public schools of such sep- 
arate school district, who shall hold office for a term of 
two years, unless sooner removed, and he shall perform 
the duties and receive such salary as the board may 
prescribe. It shall also elect all teachers, fix their duties 
and compensation ; prescribe the qualifications neces- 
sary to become a teacher in said schools, and from such 



138 

applicants it shall select such as may be considered best 
qualified to fill the the position of teachers. The board 
may provide all rules and regulations necessary for the 
conduct of such schools, and it may require the use of 
such text books as it may think proper. 

Sec. 7. Be it further enacted , That said board of edu- 
cation shall have powor to lease, purchase, build, or 
keep in repair school houses ; and all property, real or 
personal, now used by the mayoi; and city council of 
Anniston, for school purposes, shall vest in and be under 
the control of said board, and shall be used for the same 
purposes upon its organization. 

Sec. 8. Said board of education shall receive its pro- 
portionate share of the public school revenue, including 
a pro rata share of the sixteenth section fund of each 
township which lies wholly or in part within said school • 
district, and shall receive all the taxes collected as poll 
taxes within said district for the use and maintenance of 
the public schools therein, and for the purpose herein 
authorized, which said moneys shall be paid over to the 
treasurer of the city of Anniston, and shall be by him 
kept and disbursed as provided by section five of this 
act. 

Sec. 9. The superintendent of said schools shall at- 
tend to the taking of the school census (with such assist- 
ance as may be allowed him by said scliool board) when- 
ever such census is required to be taken, and he shall 
make a full report of same to said board and to the State 
Superintendent of Education. 

Sec. 10. Said board of education shall have power to 
charge in the high schools (if such be established) such 
incidental or other fees, as may be necessary for the 
proper conduct of such high schools, but no fee shall be 
charged in any school of lower grade than the high 
school. 

Approved January .2.8^ 1891. 



CANEBRAKE AGRICULTURAL EXPERIMENT 
STATION. 



1. There is hereby established at or near Uniontown,. 
in Perry county, Alabama, a branch agricultural experi- 
ment station, to be kno^vn as the Canebrrke Agricul- 
tural Experiment Station, for the purpose of conducting 
and making experiments in scientific agriculture. 

2. The board of control of said station shall be com- 
posed of the commissioner of agriculture and the direc- 
tor of the experiment station at the A. & M. College and 
five progressive farmers who are actually engaged in cul- 
tivating canebrake lands, three of whom mubt reside 
within ten miles of the station, and who shall be ap- 
pointed by the governor and hold their office for three 
years. No member of the board of control shall receive 
any compensation, but shall be entitled to pay for their 
actual traveling expenses when visiting said station and. 
while at said station on the business thereof. 

3. Said branch experiment station shall conduct such- 
experiments as will best advance the interests of scien- 
tific agriculture, particularly on canebrake lands. All 
chemical analyses required by said branch station, shall 
be made for the department of agriculture by the A. & 
M. College without chargre therefore. 

4. Said board of control shall have the power to pay 
the director a reasonable salary for his supervision of' 
said station, not to exceed the sum of two hundred and" 
fifty dollars. 

5. For the purpose of ena,bling said station to employ 
a competent assistant director, there is appropriated an- 
nually the sum of twenty-five hundred dollars to defray 



140 



the expenses of said station, and the annual appropria- 
tion shall be paid quarterly to the treasurer of said sta- 
tion , 

Acts Fek 17, 1885, and Feb. 16, 1887. 



ABBEVILLE AND ATHENS AGRICULTURAL EX- 
PERIMENT STATIONS. 



1 . A branch agricultural experiment station and ag- 
ricultural school, to be known as the North Alabama 
Agricultural Experimeat Station and Agricultural 
School, and a branch agricultural station and agricul- 
tural school, to be known as the Southeast Alabama Ag- 
ricultural Experiment Station and School, are hereby- 
established. 

2. The commissioner of agriculture and the director 
of the experiment station at Auburn, Alabama, shall lo- 
cate said stations and schools, one at some place in North 
Alabama, and the other at or near Abbeville, in Henry 
county, in Southeast Alabama. 

2i. The board of control of said stations and schools 
rshall be composed of the commissioner of agriculture 
and the directors of the agricultural experiment sta- 
tion at Auburn, Alabama, and five progressive farmers, 
who are actually engaged in cultivating Tennessee Val- 



141 

ley lands, and five progressive farmers who are actually 
engaged in cultivating red pine lands, or lands of similar 
character, in Southeast Alaba,ma, the same to be ap- 
pointed by the governor; three of whom must reside 
within ten miles of each of said stations. The members 
of said board must receive no compensation other than 
expenses actually incurred in visiting the stations and 
while there supervising their affairs. 

3. The said board of control shall have power to pay 
the director a reasonable salary for his supervision of 
said stations, not to exceed the sum of two hundred and 
fifty dollars, and the said board of control shall also have 
power to elect the principals and teachers of said schools 
and manage said schools and stations as in their judg- 
ment they think best. 

4. For the equipment and improvement of said sta- 
tions and schools there is hereby appropriated, out of the 
funds of the agricultural department in the treasury, not 
otherwise appropriated, the sum of six thousand dollars, 
to be equally divided between said stations for the first 
year, and for every year thereafter, the sum of six thou- 
sand dollars, to be equally divided between said stations, 
seven hundred and fifty dollars of which sum shall be 
paid quarterly, to- wit : 1st of January, 1st of April, 1st 
of July, and 1st of October, to each treasurer of said 
board of control at said station. 

4i. The board of directors have authority to purchase 
suitable lands, not to exceed in quantity eighty acres, 
for each of said stations, taking the title to the State; 
and to construct thereon the necessary buildings, and 
other improvements not exceeding more than two thou- 
sand dollars of the appropriation herein made for each 
station, in making such purchases, and in the construc- 
tion of such buildings and improvements for each of said 
stations and schools during any one year. The board 
also have authority to appoint and discharge at pleasure 



142 . 

-such officers, agents or servants as are deemed necessary 
to the operation of the station, fixing their compensation, 
and may appoint a director to conduct the operations of 
the stations, under the superintendence and direction, 
^nd subject to the rules and regulations of the board. 

5. The board must cause such experiments to be made 
at the stations as will advance the interests of scientific 
agriculture, particularly on Tennessee Valley lands and 
on red pine lands and lands of a similar character in 
Southeast Alabama, and to cause such chemical analyses 
to be made as are deemed necessary ; all such analyses, 
if requested, to be made under the supervision of the 
commissioner of agriculture by the chemist of the agri- 
cultural department without charge. 

6. Said board of control may adopt such rules and 
regulations as they may deem necessary for the proper 
•carrying out of the provisions of this act. 

Feb. 28, 1889, and Feb. 13, 1893. 



EVERGREEN BRANCH AGRICULTURAL EXPERI- 
MENT STATION AND AGRICULTURAL 
SCHOOL IN SOUTHWEST ALABAMA. 



1. A branch agricultural experiment station and ag- 
ricultural school to be known as the Southwest Alabama 



143 

Agricultural and Experiment Station and Agricultural 
School is hereb}^ established. 

2. The commissioner of Agriculture shall locate said 
station and school in Southwest Alabama, within the 
territory embraced in the counties of Escambia, Baldwin, 
■Conecuh, Monroe, Clarke, Washington and Choctaw. 

3. The board of control of said station and school 
shall be composed of the commissioner of agriculture and 
the directors of the agricultural experiment station at 
Auburn, Ala., and five progressive farmers who are actu- 
ally engaged in cultivating the lands within the territory 
specified in section two of this act, the same to be ap- 
pointed by the Governer, three of whom must reside 
within ten miles of said station . The members of said 
l3oard must not receive any compensation other than ex- 
penses actually incurred in visiting the station and while 
there supervising their affairs. 

4. Tho board of control shall have authority to em- 
ploy a director of said experimental station, a principal 
of the faculty and such other teachers as the require- 
ments of the school may demand, to grant certificates of 
proficiency to such pupils as may complete the course of 
studies adopted for said school, and to fix salaries of 
principal, teachers and director ; provided, that the sal- 
ary of said director shall not exceed two hundred and 
fifty dollars per annum, and to have general supervision 
and management of said school and station. 

5. For the equipment and improvement of said sta- 
tion and school, there is hereby appropriated out of the 
funds of the agricultural department in the treasury not 
otherwise appropriated the sum of two thousand five 
hundred dollars for the first year, and an equal sum for 
every year thereafter. Six hundred and twenty-five dol- 
lars of which sum shall be paid quarterly, to-wit : First 
of January, first of April, first of July and first of Octo- 



144 

ber to the treasurer of said board of control at said sta- 
tion. 

6. That the board of directors has authority to pur- 
chase suitable lands, not to exceed in quantity fifty 
acres for said station, taking the title to the State, and 
to construct thereon the necessary buildings and other 
improvements, not expending more than fifteen hundred 
dollars of the appropriation herein made for said station , 
in making such purchase and in the construction of such 
buildings and improvements for said station and school. 
The board also has authority to to appoint and discharge 
at pleasure such officers, agents and servants, as are 
deemed necessary to the operation of the station , fixing 
their compensation, and may appoint a director to con- 
duct the operations of the station, under the superinten- 
dence and direction, and subject to the rules and regula- 
tions of the board. 

7. The board must cause such experiments to be 
made at the station as will advance the interest of sci- 
entific agriculture, particularly on the lands included in 
the territory named in the second section of this act, and 
to cause such chemical analysis to be made as are 
deemed necessary. All such analysis, if requested, to 
be made under the supervision of the commissioner of 
agriculture by the chemist of the agricultural depart- 
ment without charge. 

8. Said board of control may adopt such rules and 
regulations as they may deem necessary for the proper 
carrying out the provisions of this act . 

Approved February 21, 1893. 
Amended February 18, 1895. 



ALBERTVILLE AGRICULTURAL SCHOOL AND 
EXPERIMENT STATION AT ALBERT- 
VILLE, ALABAMA. 



1. A branch agricultural experiment station and ag- 
ricultural school, to be known as the Northeast Alabama 
Agricultural Experiment Station and Agricultural 
School is hereby established. 

2. The governor, superintendent of education and 
commissioner of agriculture shall locate said station and 
school at Albertville, Marshall county, Lebanon, DeKalb 
county, or Springville, St. Clair county, Alabama. 

3. The board of control of said station and school 
shall be composed of the commissioner of agriculture, 
and the director of the agricultural experiment station at 
Auburn, Alabama, and five progressive farmers who are 
actually engaged in cultivating lands in said district, 
the same to be appointed by the governor, three of whom 
must reside within ten miles of said station ; the mem- 
bers of said board must not receive any compensation 
other than expenses actually incurred in visiting the 
station, and while there supervising the affairs. 

4. The said board of control shall have power to pay 
the director a reasonable salary not to exceed the sum of 
two hundred and fifty dollars, and the said board of con- 
trol shall also have power to elect the principal and 
teachers of said school, and manage said school and sta- 
tion, as in their judgment they think best. 

5. For the equipment and improvement of said sta- 
tion and school there is hereby appropriated out of the 
funds of the agricultural department in the treasury not 

10 



146 

otherwise appropriated, the sum of twenty -five hundred 
dollars annually, which sum shall be paid quarterly, to- 
wit : first of January, first of April, first of July, and 
first of October, to the treasurer of said board of control 
at said station, 

6. The board of directors has authority to purchase 
suitable lands, not to exceed in quantity eighty acres 
for said station, taking title to the State, and construct 
thereon the necessary buildings and other improve- 
ments, not expending more than two thousand dollars of 
th6 appropriation herein made for such station in mak- 
ing such purchases and in the construction of such build- 
ings and improvements for said station and school. The 
board also has authority to appoint and discharge at 
pleasure such officers, agents and servants as are deemed 
necessary to the operation of the station under the super- 
intendence and direction, and subject to the rules and 
regulations of the board. 

7. The board must cause such experiments to be made 
at the station as will advance the interest of scientific agri- 
culture, and to cause such chemical analyses to be made 
as are deemed necessary ; all such analyses, if required, 
to 'be made under the supervision of the commissioner of 
agi'iculture, by the chemist of the agricultural depart- 
m.^nt without charge. 

8. Said board of control may adopt such rules and 
regulations as they may deem necessary for the proper 
carrying out the provisions of this act. 

Feb. 21, 1893. 



AN ACT 

To establish five additional branch agricultural experi- 
ment stations and agricultural schools to be located in 
the first, fourth, fifth, sixth, and ninth congressional 
districts respectively in the State of Alabama. 



147 

Section 1 . Be it enacted by the General Assembly of 
Alabama, That five additional agricultural branch ex- 
periment stations and agricultural schools are hereby 
established to be located in the first, fourth, fifth, sixth 
and ninth congressional districts respectively in the State 
of Alabama. 

Sec. 2. Be it further enacted , That the commissioner 
of agriculture, governor and superintendent of educa- 
tion shall locate said stations and schools one in each of 
said first, fourth, fifth, sixth and ninth congressional 
districts respectively. 

Sec. 3. Be it further enacted, That the board of con- 
trol of said stations and schools shall be composed of the 
commissioner of agriculture and the directors of the ag- 
ricultural experiment station at Auburn, Alabama, and 
five progressive farmers, who are actively engaged in 
cultivating the lands, the same to be appointed by the 
governor, three of whom must reside within ten miles of 
said stations. The members of said board must not re- 
ceive any compensation other than expenses actually 
incurred in visiting the stations and while there super- 
vising their affairs. 

Sec. 4. Be it further enacted, That the said board of 
control shall have power to pay the directors a reason- 
able salary for their supervision of said station, not ex- 
ceeding two hundred and fifty dollars per annum, for 
each director, from the amount hereinbelow appropriated, 
and the said board of control shall also have power to 
elect the principal and teachers of said school and man- 
age said schools and stations as in their judgment they 
think best. 

Sec. 5. Be it further enacted, That for the equipment 
and improvement of said stations and schools there is 
hereby appropriated out of the agricultural fund in the 
treasury, not otherwise appropriated, an equal amount 
to the sum appropriated to each of the other agricultural 



148 ' ' 

schools and experiment stations in Alabama. Provided j 
there is so much in saidfundnot otherwise appropriated, 
one-fourth of said sum to be paid quarterly, to-wit : Jan- 
uary 1st, April 1st, July Ist and October 1st, of each 
year to the treasurer of said board of control of said sta- 
tions. 

Sec. 6. Be it further enacted, That the board of direc- 
tors shall have authority to purchase suitable lands not 
exceeding fifty acres for each of said stations, taking title 
to the state, and to construct thereon the necessary build- 
ings and other improvements not to exceed one thousand 
dollars of the appropriation herein made for each of said 
stations and schools. The board shall also have author- 
ity to appoint and discharge at pleasure such officers, 
agents and servants as are deemed necessary to the oper- 
ation of the stations, fixing their compensation, and may 
appoint a director, the operations of the stations under 
the superintendence and direction and subject to the 
rules and regulations of the board of control. 

Sec. 7. Be it further enacted, That the board must 
cause such experiments to be made at said stations as 
will advance the interest of scientific agriculture and to 
cause such chemical analyses to be made as are deemed 
necessary. All such analyses, if requested, to be made 
under the supervision of the commissioner of agriculture 
by the chemist of the agricultural department without 
charge. 

Sec. 8. Be it fvrther enacted, That said board of con- 
trol may adopt such rules and regulations as they may 
deem necessary for the purpose of carrying out the pro- 
visions of this act. 

Sec. 9. That no school and experiment station shall 
be established in either of said congressional districts 
until such district or the citizens thereof shall donate 
and convey to the State, for the use of such stations and 
schools, real estate or^buildings, not less than five thou- 



149 

6and dollars in value as approved by the commissioner 
of agriculture. Provided, that when the school is estab- 
lished in the sixth district, it shall be established under 
this bill, at Hamilton, Marion county, and that for the 
fifth district at Hayneville, Lowndes county. Provided 
further, and when located, the Hamilton people shall 
make title to the State for the school building and eighty 
acres of land adjoining. 

Approved February 18th, 1895. 



Separate School Districts — When Established, 



Anniston — Acts, 1882-3, amended. Acts 1884-6. 
1890-91, 1894-5. 

Auburn — Acts, 1884-5. 

Blountsville— Acts, 1884-5. 

Clintonville— Acts, 1882-3. 

Cullman, Cullman County — Amended 1892-3. 

Evergreen — Acts, 1878-9. 

Faunsdale— Acts, 1882-3. 

Haw Ridge— Acts, 1884-5. 

Magnolia — Acts, 1884-5. 

Marion— Acts, 1876-7. 

Oxmoor— Acts, 1876.— Acts, 1886-7. 

Peabody— Acts, 1882-3; amended 1884-5— 1886-7. 

Spring Hill— Acts, 1884-5. 

Texasville— Acts, 1884-5. 

Tuscumbia — Acts, 1884-5. 

Union Springs— Acts, 1880-1—1886-7. 

Warrior — Acts, 1884-5. 

Calhoun and Etowah counties, T. 12, R. 17 and 18 — 
Acts, 1884-5. 

Dallas county, certain fractional townships — Acts, 
1882-3. 

Lauderdale, county, territory east of Shoal Creek — 
Acts, 1882-3. 

Walker county, T. 14, R's 8 and 9— Acts, 1884-5. 

Franklin and Madison County Superintendents re- 
ceive 3 per cent, and pay Teachers monthly. 



151 

Special Acts Session 1886-7. 



Burnett District, Cherokee County. 
Coffee County, School District. 
DeKalb County, Valley Head District. 
Greene County, Normal school, colored. 
Greenville District. 
Hale County, Liberty District. 
Dale County, School District. 
Jefferson County, Superintendent's salary, &c. 
Lamar County, appointment of School Officers. 
Limestone County, Center Hill District. 
Lowndes County Superintendent receives $100 Salary 
and 2i per cent. Commission. 

Marengo County, Aimwell District. 
Marion County, appoints school officers. 
Montgomery School District — Amended 1884-5. 
Morgan County, School District. 
Perry County, School District. 
Talladega City Schools. 



Separate School Districts — Established 1888-9 



Aimwell — Marengo county. 
Alco — Escambia county. 
Baker— Henry county. 
Blount Springs — Blount county. 
Callahan — Conecuh county. 
Central Institute — Elmore county. 



152 

Cinnibee — Talladega county. 

Fortner — Conecuh county. 

Hazle Green — Madison county. 

Ironaton — Talladega county, 

Lawrence Grove — Morgan county. 

Moss Creek — Marengo county. 

New Decatur — Morgan county. 

Decatur — act amended — Morgan county. 

Pleasant Grove — act amended — Jackson county. 

Salem — Lee county. 

Salitpa — ^Clarke county. 

Stuckey — Marion and Lamar counties. 

Sylvan Grove — Dale county. 

Titi — Coffee county. 

Act, providing for, in Tuskaloosa county. 

Tuskegee — Macon county. 

Union — Limestone county. 

Woodland Mills- — Morgan county. 

Wolf's Beat — Morgan county. 

Perry county— Increase pay of County Superinten- 
dent. 

Escambia — As to title inT. 2, R. 10. 

Cullman county — elects Township Trustees. 

Covington county — elects Township Trustees. 

Chambers county — LaFayette g^s liquor license. 

Blount county — elects Township Trustees. 

To repeal monthly pay in Lamar, Fayette and Marion 
counties. 



Separate School Distribts — 1890-91. 



Albertville. 



153 

Anniston . 

Attalla. 

Bridgeport. 

Cherokee. 

China Grove. 

Cleveland. 

Cooks Springs. 

County line, Cullman County. 

Covington County, T. 6 & Range 14. 

Dallas County, Fractional Townships in. 

Eufaula. 

Florence. « 

Girard. 

Good Hope. 

Jones Chapel. 

Luverne. 

Maple Grove. 

Pleasant Grove. 

Selma. 

Stucky. 

Sylvan. 

The Deans. 



Separate Sbhool Districts. — 1892-3. 



James — Bibb county. 

Blackwoods — Henry and Dale counties. 

Bowen — Henry county. 

Oxanna — Calhoun county. 

No. Four— Coffee county. 

Dadeville— Tallapoosa county. 



154 



Blockwood — Dale county. 
Eastlake — Jefferson county. 
Fairfield — Geneva county. 
Eutaw — Green county. 
Hampton — Madison county. 
Hayne — Lowndes county. 
Brown — Henry county. 
Thomas — Jefferson county, 
Lowndesboro — Lowndes county. 
Magnolia— Lowndes county. 
Melville — Winston county . 
Oak Grove — Pike county. 
Oneonta — Blount county. 
Pell City — St. Clair county. 
Union Grove — Winston county. 
Waterloo — Lauderdale county. 
Wetumpka — Elmore county . 



Separate School Districts, 1894-5, 



Anton — Winston county. 
Benton — Lowndes county. 
Boaz — Marshall county. 
Brewton — Escambia county. 
Clintonville — Coffee county. 
Crane Hill — Cullman county. 
Daviston — Tallapoosa county. 
Dismal — Winston county. 
Fillman — Winston county. 
Geo. N. Gilmer — Lowndes county. 
Glendale — Monroe county. 



155 



Greensboro — Hale county. 
Headland — Henry county. 
Hulaclio — Cullman county. 
Jasper — Walker county. 
Newburgh — Franklin county. 
Pleasant Hill — Jefferson county. 
Poplar Springs — Winston county. 
Pintlala — Lowndes county. 
Reynolds — Henry county. 
Rockford — Coosa county. 
Rodgers — Pike county. 
Taff — Cheroke county. 
Union Hill — Henry county. 
Wyndham Creek — Lowndes county. 



OPIHIONS OF ATTOMEY-GENERAL, 



PROCEEDS OF TIMBER SALES. 



Montgomery, February 11, 1890. 
Hon, Solomon Palmer, Supt. of Education: 

Dear Sir : In reply to yours of recent date in regard 
to the proper disposition of the money arising from the 
sale of timber off of school lands , by the trustees of town- 
ship 5, range 5 in Jackson county, I have to say, that in 
my opinion such sale was not authorized by law, nor is 
there any legal authority for requiring the proceeds to be 
paid into the State treasury to the credit of said town- 
ship. 

Respectfully submitted, 

W. L. Martin, 
Attorney-General. 



POLL TAX FUND. 



Montgomery, April 11, 1889. 
Hon. CD. Hogue, State Auditor: 

Dear Sir : In compliance with your request for a 
written opinion construing the act to determine and fix 
the amount of poll tax available each^scholastic'year for 



157 

school purposes, approved February 28, 1889, I have to 
say, that in my opinion, the leading intention of the act 
is to fix a basis for contracts with reference to the poll 
tax fund. It is not intended to make an appropriation 
of the sum equal to the poll tax of last year in addition 
to or in lieu of the amovmt which may be realized from 
that source during the present year ; nor is it intended 
that the State shall pay out a sum as poll tax in advance 
of its receipt upon the treasury. The identity of the poll 
tax is not to be disturbed. The amount of the poll tax 
paid into the treasury to the credit of the school fund, 
for each race in each township during the preceding year, 
is the basis and the limit of contracts as to such fund 
during the current year ; the poll tax received into the 
treasury during the current year, together with any bal- 
ance that may have been brought forward, to the credit 
of each race , in each township, is the fund from which 
it is contemplated such contracts shall be paid. The act 
rests on the assumption that the poll tax fund of the cur- 
rent year will be at least equal to that fund paid into the 
treasury during the preceding year. A failure in this 
regard will present questions which can be properly de- 
termined when they arise. 

Of course the act can not affect contracts made prior 
to its passage, so as to lessen the amount to be paid un- 
der such contracts, but as to contracts subsequently 
made the amount of the poll tax paid out during the cur- 
rent year, should not exceed the amount of that fund paid 
into the treasury during the preceding year by each race 
in each township. The balance, if any, would be car- 
ried forward to the next year. Under the act in ques- 
tion, no part of the poll tax fund can hereafter be paid 
out on contracts for the first quarter of the scholastic 
year. 

The words "i3ast taxes" and "final quarter" as found 
in the proviso, are evidently clerical errors ; in my opin- 



158 

ion, they will be respectively construed "poll taxes" and 
''first quarter," 

Respectfully submitted, 

W. L. Martin, 

Attorney-General. 



OVERPAYMENTS TO TEACHERS, 



Montgomery, Ala., Dec. 31, 1890. 
Hon. John G. Harris, Superintendent of Education. ■ 

Dear Sir — I have received your favor of the 16th in- 
stant, requesting my opinion on the following questions : 

"1. A county or district superintendent t>ays to one 
teacher more money than the amount apportioned to the 
school taught per capita. By what process can such 
superintendent be reimbursed? 

"2. A superintendent fails to pay, by oversight or 
otherwise, the full amount due to a teacher for teaching 
a certain'school when said amount was due said school. 
"Where is the remedy of the teacher? In other words, a 
superintendent pays one teacher more than the appor- 
tionment for the school he ,has taught and another less 
than the apportionment, by what process can the defect 
be remedied? Can one scholastic year be encumbered 
by a deficit arising during another scholastic year as to 
these overpayments or deficits? 

*'3. When a superintendent pays out for school pur- 
poses more than comes into his hands for that scholastic 
year, is there any law, positive or inferential, that will 
allow these overpayments to be paid out of the appor- 



159 

tionment for the succeeding scholastic year? Has the 
State Superintendent any discretionar_y powers in such 
case?" 

Before proceeding to answer your question I will quote 
certain parts of the school law, which I think furnish the 
basis for the determination of the questions presented. 

Section 1009 of the Code provides : As soon as the 
apportionment is completed, the Superintendent of Edu- 
cation shall have the same recorded in his office, in books 
kept for that jjurpose, showing the amount which has 
been apportioned to each school district, and the source 
or sources from which the same was derived, the amount 
to each race in the district, and the number of children 
of each race in the district upon which the apportion- 
ment was based ; and he shall then furnish to each coun- 
ty superintendent of education, a certified copy from 
such books, showing the dividends of the Educational 
fund to each township or district under the latter 's super- 
vision and the amount so divided and certified shall be 
the total amount which each of such school districts 
shall be entitled to receive from the State, except the poll 
tax, during the current scholastic year; and no contract 
to pay for any district more than the amount thus ap- 
portioned to it together with such poll tax as it may re- 
ceive, and such funds as may be in hand from any pre- 
vious year, shall be valid against the State or township." 

Subdivision 5 of section 960, provides that the county 
superintendent "shall as soon as he receives the annual 
apportionment of the Educational fund to his county, 
forthwith notify the superintendent of each township of 
the amount apportioned to each race to the township." 
Subdivision 6 of said section provides that the county 
superintendent shall keep a correct account of the amount 
of the Educational fund apportioned to and distributed 
to each township for each race. 

Section 967 makes it the duty of the township superia 



160 

tendent, after determining the number and location of 
schools, to apportion to each school so established the 
amount it shall receive from the public school revenue 
apportioned to the township and race for the current 
scholastic year ; and by section 968 he is required to 
make report thereof to the county superintendent. 

Section 974 provides that the township superintendent 
shall in no case contract with teachers until he has defi- 
nately determined the number and location of schools 
in his district and the amount of money each school shall 
receive from the amount apportioned to the district. 

Section 975 provides that all contracts with teachers 
shall be in writing and shall specify the amount to be 
paid per month from the district fund and that no con- 
tract shall be valid without the approval of the county 
superintendent. 

The careful manner in which the law provides for the 
apportionment of the Educational fund to each township 
and race, and for informing school officers of such ap- 
portionment before they are required to act, leaves no 
room to doubt that the amount apportioned ''to each 
township and race" for the scholastic year is the exclu- 
sive property of such township and race for the main- 
tenance of schools during the current scholastic year^ 
and no part of such fund can be lawfully applied in any 
other manner. 

If a county superintendent pays a teacher or teachers 
of either race more money than the amount accruing to 
the district for such race as provided by section 1009 
herein quoted, there is no legal way in which he can be 
reimbursed. The section referred to expressly provides 
that no contract to pay in excess of the fund there men- 
tioned shall be valid against the state or township. To 
permit a county superintendent to pay out money in ex- 
cess of the apportionment a fund for a particular town- 
ship and race during a scholastic year and to reimburse 



161 

himself from the amount apportioned to such township 
and race for a subsequent scholastic year, Avould be a 
violation of that statute. If school officers in making 
contracts exceed the amount of the fund they do so at 
their peril. When a county superintendent approves a 
contract with a teacher he thereby becomes bound to 
pay such teacher the amount stipulated in the contract ; 
and when the teacher has fully complied with his part 
of the contract and comes for his money it is no answer 
for the county superintendent to say that the amount 
stipulated in the contract exceeds the amount of the 
fund for the township and race for which the school was 
taught. In such case the teacher may recover the stipu- 
lated compensation, by suit against the superintendent 
and the sureties on his official bond. 

But in such case, if the fund for the township and 
race for the scholastic year is exhausted there is no fund 
from which the county superintendent can lawfully re- 
imburse himself. He can not use the money of one 
township and race to repay himself an amount overpaid 
another district and race ; nor can any part of the ap- 
propriation for another year be lawfully used in that 
way. For such deficit the county superintendent is left 
without remedy. 

When two or more schools for one race are established 
in a district and the fund for such district and race is 
apportioned to such schools this does not multiply the 
accounts to be kept by the county superinteud^t ; the 
account which he is required by law to keep, is of the 
fund for each district and race ; and while the appor- 
tionment so made by the township superintendent should 
be observed as far as practicable, the county superin- 
tendent is not limited to the amount per capita appor- 
tioned to each school in the payment of teachers for such 
district and race. The fund for the township and race 
11 



162 

is legally disbursed when paid to teachers for such town- 
ship and race during the current scholastic year. 
Respectfully submitted, 

\ Wm. L. Martin, 

Attorney General, 



TOWNSHIP TRUSTEES. 



Office of Attorney General. 

Montgomery, June 2, 1891. 

Hon. Jno. G. Harris, 

Superintendent of Education. 

Dear Sir — In reply to your favor of the 30th ultimo 
I give you the following opinion : 

Section 2 of the act approved February 10, 1891, * 'To 
regulate the apportionment of the school fund in this 
state by the Superintendent of Education," acts 1890-91, 
p. 554, provides : ''The in lieu of township superin- 
tendents the county superintendent shall appoint under 
this law three (3) township trustees who shall be free- 
holders and householders, resident in the township for 
which they are appointed." Section 966 of the Code of 
1886, provides : "A township superintendent for each 
township or other school district in each county, who 
shall be a freeholder or householder resident in such 
township or other school district shall be appointed by 



163 

the county superintendent of education, subject to the 
approval of the Superintendent of Education whose term 
of office shall be for two years and until his successor 
shall qualify, and shall commence on the first day of 
October of each odd year. 

The effect of section 2 of the act of February 10, 1891, 
above quoted, is to change section 966 of the Code so as 
to provide for the appointment of three fcrusttses iustead 
of a township superintendent, and to require that such 
trustees shall possess the qualifications of both hoi^se- 
holders and freeholders resident in the township. The 
township superintendents who were in office at the date 
of the passage of said act of February 10, 1891, and 
whose terms expire on the first day of October, 1891, 
are not intended to be displaced before the expiration of 
their term of o^ce. They will continue in office until 
the date mentioned, when they will be succeeded by 
trustees to be appointed under the act of February 10, 
1891. These appointments may be made prior to the 
first day of October to take effect at that date. 

The several special acts heretofore from time to tinae 
passed by the legislature, providing for the election of 
three township trustees for each township in certain 
counties, are not repealed or affected by the act of Feb- 
ruary 10, 1891. 

Respectfully submitted, 

Wm. L. Martin, 
Attorney General. 



CRIMINAL PROVISIONS -OF THE CODE, 



...§ 3799 (4381) Code- (1886).— ^^E^es^^emen^ hy county 
superintendents of education. — Any county superintendent 
of iedueatjion to whom any money or property has been 
deMv:erf:3d as county superintendent of education, who 
enibezzies or fraudulently converts to -his own use such 
money or property or any part thereof must be punished, 
oij conviction, as if he had stolen it and shall forfeit his 
office . 

-.1-^380.0 (4382) . — 'Emhezzleiinent hy using school money for 
other than school 'purposes . — Any person into whose hands, 
or under whose control, any of the public school money 
may come, who uses or permits the use of the same, or 
any part thereof, except for purposes of the public 
schools, and in accordance with the law regulating the 
piiblic schools , and providing for the disbursement of 
tlie public .school money, is guilty of embezzlement, and^ 
on conviction, must be punished, as if he had stolen it. 



SCHOOLMASTER'S RIGHT TO PUNISH, AND 
CRIMINAL LIABILITY FOR ABUSE. 



State of Alabama, • - 

Department of Education, 

MONTGOkERY. 

The following decision of the Suj)renie Court of Ala- 
bama is published, for the information and guidance o'f 
teachers and other public school officers. Let me call 
the attention of teachers especiall}' to the opinion of the 
court. 

Jno. 0. Turner, 
State Superintendent! 



SOMMERVILLE, J. — The defendant, a schoolmaster, 
being indicted, was convicted of an assault and battery 
on one Lee Crowder, a pupil in his school, who is shown 
to have been about eighteen years of age. The defense 
is, that the alleged battery was a reasonable chastise- 
ment inflicted by the master in just maintenance of dis- 
cipline, and in punishment of conduct on the part of the 
pupil which tended to the subversion of good order in 
the school. 

The case involves a consideration of the proper rule 
of law prescribing the extent of the schoolmaster's au- 
thority to administer corporal corrections to the pupil. 

The principle is commonly stated to be, that the 
schoolmaster, like the parent, and others in foro domes- 
tico, has the authority to moderately chastise pupils un- 



166 

der his care — or, as stated by Chancellor Kent, "the 
right of inflicting moderate correction, under the exer- 
cise of a sound discretion." 2 Kent's Com. *203-206. 
In other words, he may administer reasonable correc- 
tion, which must not ' ' exceed the bounds of due modera- 
tion, either in the measure of it, or in the instrument 
made use of for the purpose." If he go beyond this ex- 
tent, he becomes criminally liable, and, if death ensues 
from the brutal injuries inflicted, he may be liable for 
not only assault and battery, but to the penalties of 
manslaughter, or even murder, according to the circum- 
stances of the case. — 1 Archbold's Cr. Prac. *218;1 
Bish. Cr. Law (7th Ed.), §§ 881-2. 

This power of correction, vested by law in parents, is 
founded on their duty to maintain and educate their off- 
spring. In support of that authority, they must have 
'^& right to the exercise of such discipline as maybe 
requisite for the discharge of thfeir sacred trust." — 2 
Kent's Com. *203, And his power, allowed by law to 
the parent over the person of the child, ''may be dele- 
gated to a tutor or instructor, the better to accomplish 
the purpose of education." lb *205 ; 1 Black. Com. 
*507. 

The better doctrine of the adjudged cases, therefore, 
is, that the teacher is, within reasonable bounds, the 
substiLute for the parent, exercising his delegated au- 
thority. He is vested with the power to administer 
moderate correction, with a proper instrument, in cases 
of misconduct, which ought to .have some reference to 
the character of the offense, the sex, age, size, and phys- 
ical strength of the pupil. When the teacher keeps 
within the circumscribed sphere of his authority, the 
degree of correction must be left to his discretion, as it 
is to that of the parent, under like circumstances. With- 
in the limit, he has the authority to determine the gravity 
or heinousness of the offense, and to mete out to the 



167 

offender the punishment which he thinks his conduct 
Justly merits ; and hence the parent or teacher is often 
said jrro hac vice, to exercise "judicial functions." 

Ail of the authorities agree , that he will not be per- 
mitted to deal brutally with his victim, so as to endan- 
ger life, limb, or health. He will not be permitted to 
inflict ''cruel and merciless punishment." — Schouler's 
Dom. Rel. (4th Ed.), § 244. He cannot lawfully dis- 
figure him, or perpetrate on his person any other per- 
manent injury. As said by Gaston J., in State v. Pender- 
grass, 2 Dev. & Bat. Law, 365; 31 Amer. Dec. 416, a 
case generally approved by the weight of American au- 
thority, "It maybe laid down as a general rule, that 
teachers exceed the limit of their authority, when they 
cause lasting mischief ; but act within the limits of it, 
when they inflict temporary pain." 

There are some well considered authorities, which 
hold teachers and parents alike liable criminally, if, in 
the infliction of chastisement, they act clearly without 
the exercise of reasonable judgment and discretion. The 
test which seems to be fixed by these cases is the general 
judgment of reasonable men. — Patterson v. Nutter, 78 Me. 
509 ; 57 Amer. Rep. 818. The more correct view, how- 
ever, and the one better sustained by authority, seems to 
be, that, when in the judgment of reasonable men, the 
punishment inflicted is immoderate, or excessive, and a 
jury would be authorized from the facts of the case to in- 
fer that it was induced by legal malice, or wickedness of 
motive, the limit of lawful authority may ;,be adjudged 
to be passed. In determining this question, the nature 
of the instrument of correction used may have a strong- 
bearing on the inquiry as to motive, or intention. The 
latter view is endorsed by Mr. Freeman, in his note to 
the case of State v. Pender grass , 31 Amer. Dec. 419, as the 
more correct. "The qualification," he observes, "that 
the schoolmaster shall not act from malice, will protect 



168 

his pnpils from outbursts of brutality, whilst, on the 
other hand, he is protected from liability for mere errors 
of judgment," Lander v. Seaver, 32 Vt. 114; 76 Amer. 
Dec. 156, and note pp. 164-167; State v. Alford, 68 N. C. 
822 ; State v. Harris, 63 N. C. 1. 

Judge Reeves, in his work on Domestic Relations in- 
dorses the same view, asserting that the parent and 
schoolmaster, in imposing chastisement for cause, must 
be considered as acting in a judicial capacity, and are 
not to be held legally responsible for errors of judgment, 
although the punishment may appear to the trial court 
or jury to be unreasonably severe, and not proportioned 
to the offense, provided they act "conscientiously and 
from motives of duty." -'But," he says further, "when 
the punishment is, in their opinion, thus unreasonable, 
and it appears that the parent acted malo animo — from 
wicked motives — under the influence of an unsocial heart, 
he ought to be liable to damages. For error of opinion, 
he ought to be excused ; but for malice of heart, he must 
not be shielded from the just claims of the child. 
Whether there was malice, may be collected from the cir- 
cumstances attending the punishment." — Reeves' Dom. 
Rel. (4th Ed.), 357-358. 

Dr. Wharton in his work on Criminal Law, thus states 
the principle : ' 'The law confides to schoolmasters and 
teachers a discretionary power in the infliction of punish- 
ment upon their pupils, and will not hold them respon- 
sible, unless the punishment be such as to occasion per- 
manent injury to the child, or be inflicted merely to 
gratify their own evil passions. The teacher must be 
governed, when chastisement is proper, as to the mode 
and severity of the punishment, by the nature of the of- 
fense, the age, size,' and apparent poAvers of endurance of 
the pupil. It is for the jury to decide whether the pun- 
ishment is excessive. — 1 Whart. Cr. Law (9th Ed.), 
.§ 632. 



169 

Mr. Bishop adds, pertinent to the same subject : "The 
law has provided no means whereby a parent, meditating- 
chastisement, can first obtain a judicial opinion as to its 
necessity, the proper instruments, and its due extent. In. 
reason, therefore, if he acts in good faith', prompted by 
pure parental love, without passion, and inflicts no per- 
manent injury on the child, he should not be punished 
merely because a jury, reviewing the case, do not deem 
that it was wise to proceed so far." — 1 Bish. Cr. Law 
(7th Ed.) , § 882. See, also, Schouler's Dom. Rel. (4th 
Ed.) , § 244; I Black. Com. * 556 ; 1 Greenl. Ev. § 97 ; 2 
Addison on Torts (Wood's Ed.) , §840; Datiemhoffer v. 
State, 69 Ind. 295; Com. v. Randall, 4 Gray (Mass.) 36; 
State V. Burton, 45 Wis. 150. 

To the foregoing authorities I may add, as a matter of 
literary curiosity, rather than legal authority, the follow- 
ing views expressed on this subject by Dr. Samuel John- 
son, to his biographer Boswell, as far back 1772. Bos- 
well was of counsel for a schoolmaster in Scotland who 
had been somewhat severe in his chastisement of one of 
his pupils, and the case was pending on appeal from the 
Court of Sessions before the English House of Lords, on 
a proceeding to remove him from his office. The opinion 
of the most learned of literary philosophers having been 
solicited, he discoursed as follows : * 'The government of 
the schoolmaster is somewhat of the nature of a military 
government-:— that is to say, it must be arbitrary ; it must 
be exercised by the will of one man, according .to par- 
ticular circumstances. A schoolmaster has a prescriptive 
right to beat, and an action of assault and battery can 
not be admitted against him, unless there be some great 
excess, some barbarity. In our scliools in England many 
boys have been maimed, yet I never heard of an action 
against a schoolmaster on that account.' Puffendorf, I 
think, maintains the right of a schoolmaster to beat his 
scholars. — Boswell's Life of Johnson, vol. 2, pp. 89, 96. 



170 

While, on the one hand, we should recognize that 
€very child has rights which ought to be protected against 
the brutality of a cruel teacher, or barbarous parent, on 
the other, it is equally important not to paralyze that 
power of correction and discipline by the rod, given, as 
Blacksfcone asserts, "for the benefit of education," which 
has for ages been deemed necessary alike on the part of 
parents to prevent their children from becoming "the 
victims of bad habits, and thereby proving a nuisance to 
the community, " and on the part of teachers to preserve 
that dicipline of the schools, without which all efforts to 
promote the education of the present and future genera- 
tions will prove a lamentable failure. — Reeves' Dom. 
Rel. 367. No regulation of the school room, any more 
than a law of the State, can be successfully enforced with- 
out the aid of coercive penalties. A law without a pen- 
alty is in practice a dead letter. Moderate chastisement 
is established by immemorial usage as the only available 
terror to vicious and incorrigible evil-doers, both in the 
homestead and in the school room ; at least in cases where 
the more humane law of kindness and moral suasion has 
proved ineffectual. "Foolishness," said Solomon, "is 
bound up in the heart of a child, but the rod of correc- 
tion shall drive it out from him." "The rod and reproof 
give wisdom , but a child left to himself causeth shame to 
his mother. ' ' And again : ' ' Train up a child in the 
way he should go, and even when he is old, he will not 
■depart from it." These words areas true now as they 
were a hundred generations ago, when they were uttered 
by the wise man. This right of discipline with the rod, 
administered without malice or immoderation, has been 
well characterized as a part of the common law of the 
school-room. The more thoroughly the right is estab- 
lished, as exper^ience in all discipline shows, the less fre- 
quent will be the necessity of resorting to its exercise to 
enrorce obedience to the lawful mandates of the parent, 
■or of the schoolmaster. 



171 

We liave said this much in order that we may not be 
misunderstood in the conclusion reached by us, not to 
disturb the judgment of conviction in this case. We 
can not say, under the principles above stated, that the 
judge of the Criminal Court reached an erroneous con- 
clusion, in adjudging that the defendant exceeded his 
lawful authority, so as to render himself liable for an as- 
sault and battery. 

The statute organizing the Criminal Court of Pike 
county confers upon convicted parties the right of ap- 
peal to this court. But, where a jury is waived, and the 
judge tries the facts, the decision of the court upon the 
facts is, in legal effect, equivalent to the verdict of a 
jury, and, in .the absence of statutory power, will not be 
reviewed by this court on appeal. — Bell v. The State, 75 
Ala. 25; Calloway v. The State, lb. 37; Knoiules v. The 
State, SO Ala. d; Wi7inv.The State, 87 Ala. 137. The 
statute under consideration confers no such jurisdiction 
on this court.— Acts 1888-89, pp. 631-634, § 15. 

It is only where, upon the undisputed facts of the case, 
with all proper inferences deducible from such facts, a 
jury would not have been lawfully authorized to find the 
defendant guilty of the crime charged, that we will re- 
view ^d reverse the judgment of the lower court; in 
other words, where the whole question raised is reduced 
to one of law, and the verdict can not, as matter of law, 
be supported by any reasonable inferences from the 
evidence. This was the case of Skinner v. The State, 87 
Ala. 105. 

There was evidence in this case from which the infer- 
ence of malice could have been deduced as influencing 
the conduct of the defendant in his chastisement of 
young Crowder, both as to his outbursts of temper, and 
in the use of improper instruments of correction . Tak- 
ing, as we must, every reasonable inference which the 
judge, acting as a jury, could have drawn from the evi- 



172 

dence, we take as true, among others, the following facts : 
That, after the severe chastisement administered in the 
school-room, defendant followed Crowder into the school- 
yard, and struck him with "a limb or stick," and then 
"put his hands in his pocket, as if to draw a knife;" that, 
although Crowder did not strike back, but only protest- 
ed against and resisted castigation, and, after apologiz- 
ing for the objectionable languague imputed to him^ 
asked permission to withdraw from the school, the de- 
fendant, after promising not to strike him, "afterwards 
struck him in the face three licks with his fist, and hit 
him several licks over the head with the butt end of the 
switch. From these blows, eye of the young man was 
"considerably swollen," and was "closed for several 
days." The attending physician testified, that there 
were "marks on bis head made by a stick, in his opin- 
ion." One witness asserts, that the defendant declared 
he "would conquer him (Crowder) or kill him." All 
the witnesses for the State say, that the defendant was 
apparently very angry all the time, and was very much 
excited, and after he got through whipping Crowder he 
remarked, in an excited, angry voice, in the presence of 
the school, and others, that he "could whip any man in 
China Grove beat!" From this unseemly condifct on 
the part of one whose duty it was to set a good example 
of self-restraint and gentlemanly deportment to his pupilSj 
there was ample room for the inference of legal malice, 
in connection with unreasonable and immoderate cor- 
rection. Nor was the limb of a tree, of the size indicated 
by the evidence, nor a clinched fist applied in bruising 
the pupil's eye, after the manner of a prize- figthter, a 

proper instrument of correction to be used on such an 
occasion. 

The conviction must accordingly be sustained, with- 
out assuming any jurisdiction to review the correctness 
of the judge's finding on the facts. 

Affimed , 



PUBLIC SCHOOL QUESTION. 



SOME INTERESTING QUESTIONS AND ANSWERS ABOUT THE 
16th SECTION FUND. 



SUPT. TURNER S CLEAR EXPOSITION OF THE MATTER THE 

FUND BELONGS ABSOLUTELY TO THE TOWNSHIPS. 



Editor Advertiser : When Congress gave to Alabama 
for school purposes the sixteenth section of each town- 
ship, was the donation so fix-ed that the State must for- 
ever pay to each township where the schools are taught 
the money belonging to each and every township, or 
could the legislature, if it chose to do so, amend the 
school laws and pay it out on what seems to me a simpler 
and more equitable plan? 

Congress, in making the donation of every sixteenth 
section throughout the State, proceeded on the hypoth- 
esis that every section donated was of equal value, but 
such was not the case. In what is known as the black 
belt as a rule the sixteenth section sold for large sums of 
money, while on the other hand sixteenths in the sandy 
lands were sold for very small amounts, and by this dis- 
parity the object Congress had in view in giving the 
land was defeated, viz : to better enable the poor man to 
send his children to school. Instead of assisting the 
poor man, as designed by Congress, the largest part of 
the money for public schools was paid to the townships 
whose sixteenths sold for the most money. 



174 

If I understand the matter the State is paying interest 
on this fund and each township draws interest in pro- 
portion to the amount of money for which the ^and was 
sold, and this is why a township in a rich land county 
may draw $200 while one in a poor land county may not 
draw over $50, and it often occurs that there are three 
or four times as many children in the poor land town- 
ship as there are in the more favored one. 

No fair minded man, it seems to me, could raise any 
objection to a plan that would give every child who at- 
tended school the same length of time the same amount 
of the school fund ; but under the present arrangement 
this can never be done, until a change is made in the 
State's free school law. 

If it be possible to tlrfbW the sixteenth section fund 
into one solid lump throughout the entire State and then 
add the general appropriation made by the legislature 
every two years to this amount and divide the money by 
the number of children within the school age, then every 
child would have set to its credit the same amount of 
the school fund. Following this method, the intent of 
Congress would in part be carried out. 

I would be pleased to hear Hon. John 0. Turner on 
this subject, as the matter by previous agreement is to 
be introduced at the next Montgomery County School 
Institute, which is to meet at Ramer first Saturday in 
August next. J, R. McLendon. 

Naftel, Ala., July 2d, 1895. 



Office Superintendent Education, 

Montgomery, Ala., July 11th, 1895. 
Editor Advertiser : The communication of Hon. J. R. 
McLendon, of Naftel, Ala., addressed to The Advertiser 
for publication, making inquiry relative to the 16th sec- 



175 

tion grttui by the Congress of the United States for the 
use of schools in the townships, is now before me, for 
reply, and I ask that you publish my letter in the same 
issue with his, as the matter may prove of interest to 
those not informed upon this subject. By reference to the 
Acts of Congress, approved March 2d, 1819, page 489 to 
page 492, will be found the original act enabling the peo- 
|)le of Alabama territorj' to form aconsfcitulioL^ and State 
government, and for the admission of such State into the 
Union on an equal footing with the original States. 

Among all the things set out in this act, preparatory 
to the admission of Alabama as a state into the Union, 
I find in section 6 the following, viz: "And be it fur- 
ther enacted. That the following propositions be and the 
Bame are hereby offered to the convention of said terri- 
tory of Alabama, when formed, for their free acceptance 
or rejection, which, if accepted by the convention, shall 
be obligatory upon the United States. 

First. That the section numbered sixteen in every 
township, and when such section has been sold, granted, 
or disposed of, other lands equivalent thereto and most 
contiguous to the same, shall be granted to the inhabit- 
ants of such townships for the use of schools." 

After the ratification of this Act by the people of the 
said territory, the Congress of the United States, in joint 
session, passed a resolution, approved Dec. 14, 1819, 
admitting Alabama into the Union on an equal footing 
with the original States, in all respects whatever. 

By this Act of Congress the sixteenth section or its 
equivalent, when disposed of, became the inalienable 
property of the inhabitants of the township for school 
purposes alone. Of course Congress knew of the 
inequality of value likely to occur in the sixteenth sec- 
tion of the various townships, but proceeded upon the 
hypothesis that in sections of the State where the lands 
were most fertile the population would be greatest and 



176 

to some extent equality would be kept up. Later on it 
was discovered that in many townships the 10th section 
was, so to speak, valueless, and Congress made an effort 
to remedy the inequality found to exist in them. By 
reference to the Acts of Congress approved Aug. 11, 1848, 
page 281, will be found an Act to authorize the State of 
Alabama to apply certain lands heretofore granted to 
that State for internal improvements for the use of 
schools in the valueless sixteenth sections in said State. 
This accounts for the interest known as interest un the 
valueless sixteenth section fund. 

The act is as follows : 

*'Be it enacted by the Plouse of Representatives of the 
United States of America ia Congress assembled, That 
the lands granted to the State of Alabama for purposes 
of internal improvement, by the eighth section of an Act 
■entitled 'An Act to appropriate the proceeds of the sale 
of the public lauds, and to grant pi-e-eraption rights," 
approved September 4>oh, 1841, may be and the same are 
hereby placed at the disposal of the Legislature of said 
State at such price as said Legislature may direct to be 
applied for the use of schools in such townships of said 
State as in whicli the sixteenth section or school sections 
are comparatively valueless, and the Legislature may 
locate said lands in any legal subdivisions, not less than 
forty acres, within the limits of said State," 

Thus Congress sought to remedy the inequality of the 
sixteenth section. As before- stated this property be- 
longed to the inhabitants of the township for the use of 
schools and originally could in no manner be disposed of 
by the inhabitants of the township. Subsequently the 
right of sale was conferred upon the trustees or School 
Commissioners by both Congress and the State Legisla- 
ture, with the restriction that only the interest on said 
proceeds of sale could be used for schools. 

It will be seen that Alabama was admitted into the 



177 

Union by the act of 1819, accepting the grant made by 
Congress of the 16th section, or its equivalent, to every 
township of the State, as a trust fund for educational 
purposes to forever remain the inalienable property of 
the inhabitants of the township and succeeding genera- 
tions. The Congress of the United States and the State 
Legislature are powerless now to pass any laws wresting 
from the inhabitants of the townships the 16th section 
interests belonging thereto. The Supreme Court has 
long since settled this question. The power to do this 
would violate the very preface or preamble of both the 
Federal and State constitutions, and would violate the 
very act making Alabama a legal State of the Union. 
Very respectfully, 

John 0. Turner, 
State Superintendent of Education. 

12 



178 
ALABAMA. 



LIST OF COUNTY AND CITY SUPERINTENDENTS OP EDUCATION. 
REVISED OCTOBER, 1895. 



County. 



Superintendent . 



POSTOFPICE, 



Autauga . 
Baldwin . 
Barbour . 

Bibb 

Blount . . . 
Bullock . 
Butler ... 
Calhoun . 
Chambers 
Cherokee 
Chilton . . 
Choctaw . 
Clarke . . 
Clay . . . . , 
Cleburne . . 
Coffee . . . . 
Colbert . . , 
Conecuh . . 
Coosa . . . . 
Covington 
Crenshaw 
Cullman . . 

Dale 

Dallas . . . . 
DeKalb . . 
Elmore . . . 
Escambia . 
Etowah . . 
Fayette . . 
Franklin . 
Greneva . . . 
Greene . . . 
Hale ..... 



Wm. W. Hinton 

D. C. Byrne 

B. Davie 

J. C. Hicks 

J. C. Brittain. . . 

Dr. P. Blue 

J. E. Ward 

L. D. Miller.. . . 
W. C. Bledsoe... 

J.W. Coker 

J. W. Moore 

0. L. Gray 

Clayton Foscue. , 
Frank J. Ingram. 

J. R. Barker 

W. S. Edwards . . 

E. B. Autry 

E. J. Hardy 

B. C. Hammond. 
J. T. Hardage. . . 
Wm. Brunson. . . . 
J. A. Callahan. . . 
L. M.Edwards. . . 
J. M. Anderson. . 

J. W. Stewart 

T. F. Davis. . . . . . 

W. S. Neal: 

W.T.Gay. 

J. N. Collins 

H. J.Williams... 
W. J. Ward..... 
John G. Apsey. . . 
J. A. Ellerbe 



Billingslea. 

Bay Minette. 

Clayton. 

Randolph. 

Summit. 

Union Springs 

Greenville. 

Jacksonville. 

LaFayette. 

Gaylesville. 

Strasburg. 

Butler. 

Grove Hill. 

Ashland. 

Edwardsville. 

Enterprise. 

Tuscumbia, 

Bellville. 

Gold Branch. 

Rose Hill. 

Luverne. 

Cullman. [Mill 

Crittenden's 

Sa£ford Stat'n. 

Portersville. 

Spigner. 

Brewton. 

Gadsden. 

Fayette . 

Russellville. 

Watford. 

Eutaw. 

Greensboro. 



179 



LIST OF COUNTY AND CITY SUPERINTENDENTS Continued. 



County. 



Henry 

Jackson . . . . 
Jefferson . . . 

Lamar 

Lauderdale . . 
Lawrence . . . 

Lee 

Limestone . . 
Lowndes . . . 

Macon 

Madison . . . . 
Marengo . . . 

Marion 

Marshall . . . 

Mobile 

Monroe 

Montgomery 
Morgan .... 

Perry 

Pickens .... 

Pike 

Randolph . . . 

Russell 

Shelby 

St. Ciair. .. . 

Sumter 

Talladega . . . 
Tallapoosa . . 
Tuskaloosa . 

Walker , 

Washington , 

Wilcox 

Winston .... 



Superintendent. 



T. J. Kennedy. . . . 

W. S. Bridges 

I. W. McAdory. . . 
L. M. AVimberly. . 

A. D. Ray 

0. H. Bynum 

John C . Meadors . . 

S. M. Clay 

W. T. Brightman. 

A. B. Paine 

M. R. Murray 

W. K. Thomas 

W. A. Dunn 

W. W. Kidd 

Jno. D. Yorby 

C. W. McClure 

W. C. Holt 

J. C. Tidwell 

J. D. Cross 

C. A. Chappelle. . . . 
Fletcher F. Cowart. 

Geo. 0. Hill 

J. C. Williamson. . . 

T. A. Huston 

N. B. Spradley 

R. B. Calloway. . . . 

J . B . Graham 

W. R. Grimes 

Mark Brooks 

Thomas J. Amis. . . 

T. C. Bowling 

S, C. Jenkins 



Postofpice, 



Albert L. Owens . . Haleyvilie 



Abbeville. 

Scottsboro. 

Birmingham, 

Vernon. 

Florence. 

Courtland. 

Opelika. 

Greenbrier. 

Hayneville. 

Tuskegee. 

Huntsville. 

Rembert . 

Hamilton. 

Guntersville. 

Mobile. 

Kempsville. 

Montgomery. 

Flint. 

Marion. 

Dillburgh. 

Troy. 

Napoleon. 

Uchee. 

Wilsonville. 

Ashville. 

Livingston. 

Talladega. 

Dadeville. 

Tuskaloosa. 

Jasper. 

St. Stephen. 

Camden. 



180 



LIST OF COUNTY AND CITY SUPERINTENDENTS Continued. 



DISTRICTS. 



NAMES OP SUPERINTEND TS 
OR TREASURERS. 



POSTOPFICE, 



"Wetumpka . . 
Alabama City 

Attalla 

Bessemer .... 
Birmingham . 
Bridgeport . . . 

Calera 

County Line . . 

Cullman 

Decatur 

Duck Creek. . 

Eufaula 

Faundsdale . . 

Florence 

Gadsden 

Good Hope . . . 
Greenville . . . 
Huntsville . . . 
Jones Chapel. 
LaFayette . . . 
Montgomery . 

Opelika 

Phoenix City. 
Pleas'nt Grove 
Prattville . . 

Selma 

Sheffield . . . 

Troy 

Tuskaloosa 
Tuscumbia 
Uniontown . 
Pratt City . . 
Russellville 



Morris Hohenberg, Treas. 

William Gardner, " 

J.H.Wood, 

W. R. Henderson, " 

J. H. Phillips, Supt 

E. L. Lee, School Com'r. . 
A. S. Briston, Treas. . . . . 

L.M.Keller, *' 

H. C. Bounds, " 

H. A. Skeggs, Supt 

I. C. Oaks, Treas 

H. M.Weeden, Supt 

W.C.Harris, " 

W. C. Gilbert, " 

Joe Callaway, *' 

W. E. Grisnet, Treas. . . . 
L. M. Lane, " . . . . 
S.J. Mahen, Supt 

F. W. Jones, Treas 

E. M. Oliver, '' 

C. L. Floyd, Supt 

Geo. E. Driver, Treas. . . . 

W. L. Booth, " 

J. J. Fassett, " 

J. W. Matthews, '' 

L. E. Jefferies, Supt. . . . . 
Thos. R. Roulhac, Supt. . 
Josiah Jernigan, Treas . . . 
W.E.Bingham, " ... 

G. Lurderman, " . . . 

J. H. White, Supt 

M. M. Wood, Treas 

H. C. Hicks, '' ...... 



Wetumpka. 

Gadsden. 

Attalla. 

Bessemer. 

Birmingham . 

Bridgeport, 

Calera. 

Cullman. 

Cullman. 

Decatur. 

Cullman. 

Eufaula. 

Faundsdale. 

Florence. 

Gadsden. 

Cullman. 

Greenville. 

Huntsville. 

Jones ChapeL 

LaFayette. 

Montgomery 

Opelika. 

Phoenix City. 

Kirby Creek. 

Prattville. 

Selma. 

Sheffield. 

Troy. 

Tuskaloosa. 

Tuscumbia. 

Uniontown. 

Pratt City. 

Russellville. 



181 



COMPARATIVE VIEW OF THE POPULATION OF THE SEVERAL 

COUNTIES OF ALABAMA, ACCORDING TO THE CENSUS OF 

1880 AND THE CENSUS OF 1890, 







Popu lat'n 


Populat 'n 


I ncrease 


COUNTY 


COUNTY SEAT 












in 1880. 


in 1890. 


per cent. 


Autauga . 


. . Prattville . . . 


13,108 


13,330 


1.69 


Baldwin . 


. . Daphne 


8,603 


8,941 


3.93 


Barbour . 


. . Clayton 


33,979 


34,898 


2.70 


Bibb . . . . 


, . Centreville . . 


9,487 


13,824 


45.72 


Blount. . . 


. . Oneonta . . . . 


15,369 


21,927 


42.67 


Bullock . . 


. . Union Spr'gs 


29,066 


27,063 


6.89* 


Butler . . . 


. . Greenville . . 


19,649 


21,641 


10.14 


Calhoun . 


. . Jacksonville . 


19,591 


33,835 


72.71 


Chambers 


. LaFayette . . 


23,440 


26,319 


12.28 


Cherokee 


. . Centre 


19.108 


20,459 


7.07 


Chilton . . 


. . Clanton 


10,793 


14,549 


34.80 


Choctaw . 


. . Butler 


15,731 


17,526 


11.41 


Clarke . . 


. . Grove Hill . . 


17,806 


22,624 


27.06 


Clay 


. . Ashland . . . . 


12,938 


15,765 


21.85 


Cleburne . 


. . Ed wards ville 


10,976 


13,218 


20.43 


Coffee . . . 


. . Elba 


8,119 


12,170 


49.90 


Colbert . . 


. . Tuscumbia . 


16,153 


20,189 


24.99 


Conecuh . 


. . Evergreen . . 


12,605 


14,594 


15.78 


Coosa . . . 


. . Rockford . . . 


15,113 


15,906 


5.25 


CovingtoE 


L . Andalusia . . 


5,639 


7,536 


33.64 


Crenshaw 


. Rutledge .... 


11,726 


15,425 


31.55 


Cullman . 


. . Cullman . . . . 


6,355 


13,439 


111.47 


Dale . . . . 


. , Ozark ....,, 


12,677 


17,225 


35.88 


Dallas . . . 


. . Selma 


48,433 


49,350 


1.89 


DeKalb . 


. . Fort Payne . . 


12,675 


21,106 


66.52 


Elmore . . 


. . Wetumpka . 


17,502 


21,732 


24.17 


Escambia 


. . Brewtou .... 


5,719 


8,666 


51.53 


Etowah . . 


. . Gadsden .... 


15,398 


21,926 


42.40 


Fayette . . 


. . Fayette 


10,135 


12,823 


26.52 


Franklin . 


. . Belgreen . . . 


9,155 


10,681 


16.67 


Geneva . . 


. . Geneva 

forward 


4,342 


10,690 


146.20 


Carriec 


471,390 


579,277 





*Decrease. 



182 



COUNTY. 


COUNTY SEAT 


Populat 'n 


Populat 'n 


Incre ase 






in 1880. 


in 1890. 


per cent. 


Brought forward 


471,390 


579,277 




Greene .... 


Eutaw 


21,931 


22,007 


0.35 


Hale 


Greensboro. . 


26,553 


27,501 


35.70 


Henry .... 


Abbeville . . . 


18,761 


24,847 


32.44 


Jackson. . . . 


Scottsboro . . 


25,114 


28,026 


11.60 


Jefferson . . 


Birmingham 


23,272 


88,501 


280.29 


Lamar .... 


Vernon 


12,142 


14,187 


16.84 


Lauderdale . 


Florence . . . . 


21,035 


23,739 


12.85 


Lawrence . . 


Moulton . . . . 


21,392 


20,725 


3.12* 


Lee 


Opelika . . . . 


27,262 


28,694 


5.25 


Limestone . 


Athens 


21,600 


21,201 


1.85* 


Lowndes . . 


Hayneville . 


31,176 


31,550 


1.20 


Macon .... 


Tuskegee . . . 


17,371 


18,439 


6.15 


Madison . . . 


Huntsville . . 


37,625 


38,119 


1.31 


Marengo . . 


Linden . . . . . 


30,890 


33,09.^ 


7.14 


Marion .... 


Hamilton . . . 


9,364 


11,347 


21.18 


Marshall. . . 


Guntersville . 


14,585 


18,935 


29.83 


Mobile 


Mobile 


48.653 


51,587 


6.03 


Monroe .... 


Monroeville . 


17,091 


18,990 


11.11 


Montgom'ry 


Montgomery 


52,356 


56,172 


7.29 


Morgan . . . 


Somerville . . 


16,428 


24,089 


46.63 


Perry 


Marion 


30,741 


29,332 


4.58* 


Pickens . . . 


Carrollton . . 


21,479 


22,470 


4.61 


Pike 


Troy 


20,640 


24,423 


18.33 


Randolph . . 


Wedowee . . . 


16,575 


17,219 


3.89 


Russell .... 


Seale 


24,837 


24,093 


3.00* 


St. Clair... 


Ashville . . . . 


14,462 


17,353 


19.99 


Shelby 


Columbiana . 


17,236 


20,886 


21.18 


Sumter .... 


Livingston . . 


28,728 


29,574 


2.94 


Talladega . 


Talladega . . 


23,360 


29,346 


25.63 


Tallapoosa . 


Dadevilie . . . 


23,401 


25,460 


8.80 


Tuscaloosa . 


Tuscaloosa . . 


24,957 


30,352 


21.62 


Walker .... 


Jasper 


9,479 


16,078 


69.62 


Washingt'n 


St. Stephens. 


4.538 


7,935 


74.86 


Wilcox .... 


Camden . . . , 


31,828 


30,816 


3.18* 


Winston . . . 


DoubleSpr'gs 
he State .... 


4,253 


6,552 


54.96 


. Total for t 


1,262,505 


1,513,017 


19.84 



*Decrease. 



183 

Cities and Towns in Alabama having a Population of 
over 1,000, according to the Census of 1890. 



Names. 

Mobile 

Birmingham . 
Montgomery . 
Anniston .... 
Huntsville . . . 

Selma 

Florence 

Bessemer .... 

Eufaula 

Tuscaloosa . . . 

Opelika 

Phoenix City . . 
New Decatur. 

Troy 

Gadsden 

Greenville .... 

Decatur 

Sheffield 

Fort Payne ... 
Tuscumbia . . . 
Talladega . . . . 
Union Springs 

Marion 

Pratt Mines . . 
Demopolis . . . 

Tuskegee 

Evergreen . . . , 
Greensboro . . . 

Avondale 

Woodlawn . . . , 

Oxford 

Auburn 

Tallassee 

LaFayette . . . 

Attalla 

Jacksonville . 



Counties in which located. 

Mobile 

Jefferson . 

Montgomery 

Calhoun 

Madison 

Dallas 

Lauderdale 

Jefferson 

Barbour 

Tuscaloosa 

Lee 

Lee 

Morgan 

Pike 

Etowah 

Butler 

Morgan 

Colbert 

DcKalb 

Colbert 

Talladega 

Bullock 

Perry 

Jefferson 

Marengo 

Macon 

Conecuh 

Hale 

Jefferson 

Jefferson 

Calhoun 

Lee 

Elmore 

Chambers ■ 

Etowah 

Calhoun 



Population . 

31,076 
26,178 
21,883 
9,998 
7,99.' 
7,622 
6,012 
4,544 
4,393 
4,215 
3,703 
3,700 
3,565 
3,449 
2,901 
2,806 
2,765 
2,731 
2,698 
2,491 
2,063 
2,049 
1,982 
1,946 
1,898 
1,803 
1,783 
1,759 
1,642 
1,506 
1,173 
1,440 
1,413 
1,369 
1,254 
1,237 



184 

Cities and Towns in Alabama having a Population of over 
1,000, accorging to the Census of 1890 — Cont'd. 



Names. 

Ozark 

Eutaw 

Rrewton .... 
CKiilman .... 
Crainesville . 



Counties in which located. 

Dale 

Greene 

Escambia 

Cullman 

Sumter 



Population . 

1,195 
1,125 
1,115 
1,017 
1,017 



CIRCULAR LETTER. 



State of Albama, 

Office of Educational Department, 
Montgomery, Ala., February 26th, 1895. 

To County Superintendents and Teachers, Greeting : — I 
adopt this method of answering many questions pro- 
pounded to this Department during the past few months 
relative to the making of pay rolls , and the duties of all 
connected therewith, and the delay of funds, etc. 

By reference to the public school laws of the State, page 
32, under act passed by the General A^ssembly 1886-7, 
approved February 28, 1887, and amended and approved 
February 18, 1889, will be found the law governing the 
making and forwarding pay rolls to this department and 
the duties of this department pertaining thereto. While 
the form of making the pay roll has to some extent been 
changed, the law governing it is substantially the same. 
At first the county superintendent was required to make ■ 
white and colored pay rolls on separate sheets, now they 
are made all on the same sheets designating the races 
by the letters W. and C. These initial letters should be 
placed immediately after the teacliers name just before 
column headed sex. Formerly the law required the 
teachers names to be placed on the pay roll in alphabeti- 
cal order, but now it requires them to be placed in num- 
erical order of the townships as they appear on the divi- 
dend sheet — beginning with the lowest and running to 
the highest — leaving the separate school districts to the 
last. County superintendents must therefore observe 
this order in making their pay rolls, and when they have 



]86 

placed all teachers of both white and colored on the pay 
roll, who have contracts on file showing that thej^ are 
teaching public schools as required — in the first town- 
ship — they should leave at least two blank lines before 
beginning the next township, and so on until all have 
been placed on the pay roll — being careful to leave at 
least two blank lines for footing at the bottom of each 
sheet of the pay roll. When all the teachers of the 
county have in this manner been placed o^ the pay roll 
there should be set opposite their names in the columns 
headed : — "Estimated Amount Due Teachers" — the ex- 
act amount that will be due each of them according ta 
the terms of their contracts on file and approved — from 
the beginning of the quarter to the close including the 
last day of the quarter, or pay day. If from any cause 
a teacher should fail to file his contract, for the first, 
second, or third quarters, the whole amount can be esti- 
mated and drawn the last quarter. When the county 
superintendent is making his estimate for amounts due 
teachers, he must say how much is general fund, and 
how much is poll tax, and white or colored. When this 
is properly done the county superintendent must foot up 
each sheet of his pay roll separately, and bring the^ 
amounts forward on the last sheet under the head of re- 
capitulation being careful to allow plenty of space after 
this manner : — 

RECAPITULATION. 

Amount forward sheet No. 1 $ 900 00 

Amount forward sheet No. 2 $ 1000 00 

Amount forward sheet No. 3 $ 1200 00 

Amount forward sheet No. 4 $ 800 00 

Total amount due teachers $ 3900 00 

Co. Superintendent's Com. 4% added. .$ 156 00 

Total amount due $ 4056 00' 



1S7 

for quarter ending March 31st, 1895, and to be sent to 
John Smith, per express to Troy Ala. Jt^st here it is 
highly important that each time it is necessary that the 
county superintendent give at the close of his pay roll 
both his express office and post office address. In the 
three offices through which the pay roll must pass — 
Superintendent's, Auditor's and Treasurer's — frequently 
new clerks are called upon to act, and all this gives 
guarantee against mistakes and unnecessary delay in 
forwarding the money. 

Many teachers complain of having been left off of the 
pay roll during the past and pvovious quarters, and from 
their own statements show the fault was purely their own. 
By reference to the law it will be seen that on the 15th 
days of March, .June, Septemb3r and Decomber of each 
year the law requires the county superintendent to make 
his pay roll in the manner set forth in the foregoing and 
forward the same to the state superintendent. The law 
further requires that this pay roll shall be made in dupli- 
cate, and the original shall be forward to the state super- 
intendent of education, and the duplicate retatned by 
the connyr. superintendent, and when properly signed 
by teachers becojnes his voucher for his office. 

In making this pay roll the county superintendent has 
no right to place any teacher's name on it unless he has 
a contract on file and approved by him showing that the 
teacher is actually engaged in teaching, and according 
to the terms of that contract the superintendent must 
estimate the amount that will be due the teacher to the 
close of the quarter or pay day — provided no time be 
lost to the time of payment. 

When the county superintendent has thus carefuly 
made his pay roll as prescribed by law, he rous^: append 
thereto an affidavit before proper officer that the same 
is correct amounts due teachers for the said quarter ac- 
cording to contract on file. This means that the county 



188 

superintendent has taken the contracts on file in his office 
approved by himself — on the 15th of the month preceding 
pay day and has carefully estimated as per the terms of 
the contract the exact amount that will be due the teach- 
ers, provided no time be lost, to the close of the quarter 
or pay day. As the county superintendent is required 
to make a sworn statement, you will readily see he can- 
not afford to place any teacher's name on the pay roll 
who has not a contract on file and approved at the time 
of making this pay roll. If the teacher has his contract 
on file and approved by the county superintendent as 
required by law, then he would have a remedy against 
the county superintendent in case the county superinten- 
dent should neglect or fail to make proper estimates and 
pay him as required and prescribed by law. New coun_ 
ty superintendents and teachers seem to charge all delays 
of funds to this department. They seem not to know 
or forget the fact that the pay roll passes through the 
office of Superintendent of Education, Auditor, and 
Treasurer, before it is returned to thts county superin- 
intendent with the money. If an error is detected by 
-either of these departments then the pay roll must be 
returned to the county superintendent making it, for 
correction, before the money can be forwarded. So 
this is a frequent source of delay on part of county super- 
intendents not receiving their money on time. 

When the county superintendent has made his pay 
roll and has forwarded same to this office, it becomes the 
duty of this department to examine the same, and if 
found correct as far as this office can determine it shall 
be approved by the state superintendent either in person 
or by proxy for a certain amount not to exceed the 
amount estimated on the payroll, and when so approved 
filed with the auditor of the state. Here the duty of 
the state superintendent, relative to the pay roll, ceases 
until the pay roll is returned by the county superinten- 
dent, properly receipted. 



189 

Wlien the Auditor receives the pay roll from the office 
of State Superintendent, properly approved for a certain 
amount including the A% commission due the county 
superintendent it becomes his duty to immediately draw 
a warrant on the state treasurer in favor of the county 
superintendent sending the pay roll with 4 % thereon for 
an amoimt equal to the amount estimated to be due and 
approved for by the state superintendent, and shall file 
said warrant, together with the pay roll upon which it is 
based, with the state treasurer, whereupon it shall be 
the duty of the state treasurer to forward by express or 
exchange, at the expense of the State the amount of such 
warrant and pay roll together with duplicate receipts 
for said sum , including the express charges or exchange 
premium if any. County superintendents will remem- 
ber when sending in their pay rolls that this department 
examines them immediately and if found correct ap- 
proves them and turns over same to the Auditor, and 
gives notice to the county superintendent accordingly ; 
otherwise the pay roll is returned for correction. Then 
it will be well to remember that any delay in receiving 
your money promptly after the notice sent you from this 
office that your pay roll has been approved and filed with 
the Auditor, is in no way chargable to this office and all 
inquiries relative to your pay roll will go unoticed so far 
as this department is concerned after said notice^is 
furnished. 

The county superintendent of education must immedi- 
ately upon receipt of said sum of money sent him as 
called for on his quarterly pay roll, sign the duplicate 
receipts sent him by the State Treasurer with the 
money — and return one of these receipts to the State 
Treasurer and the other to the State Auditor that they 
may have proper vouchers required by law. All county 
and city superintendents who fail to comply strictly with. 



190 

this provision of the law can expect the enforcement of 
section (11) page 83 of the school law. 

Immediately upon the receipt by the county superin- 
tendent of the amount of the quarterly or monthly pay 
roll, he shall pay the teachers, taking their receipt there- 
for on both copies of said pay rolls, and must, by the 15th 
of the month following pay day, return the original ap- 
proved copy of said receipted pay rpll to the State Super- 
intendent of Education. In the foregoing I have given 
how the estimates are made and how they should be 
designated — General Fund; Poll Tax, White, Colored. 
These are the only figures to be placed on the pay roll 
until the teacher presents his quarterly report, sworn to 
and containing the order thereon from the trustee, stating 
exactly how many days he has taught during the quarter. 
If his contract was properly made and no time has been 
lost by him and the county,superintendent has not erred in 
his estimate, then the estimated amount due by the county 
superintendent, and the order from the trustee, should 
agree. In this case, the county superintendent should 
take his pen and carefully place the amounts estimated^due 
the teacher in the columns headed amount paid teachers, 
being careful not to overgo these amounts in any case, 
and in no case to pay a teacher more than has been esti- 
mated to be due. So much confusion already exists in 
this office, brought from this source, that in the future if 
county superintendents disregard the instructions herein 
given they will not be allowed credit on the books of this 
ofiice for overpayments made in excess of their estimated 
amounts due. They can pay any less amount of whatever 
fund estimated, but in no case a greater amount from 
any fund than that estimated on the pay roll . 

Many county superintendents have orders from teach- 
ers to forward their money by express or mail, and often 
give authority to some one to sign the pay roll. When the 
county superintendent is satisfied with this authority, 



191 

the teacher's name must be written on the pay roll op- 
posite the amounts estimated to be due him, and also 
the amounts set opposite his name by the superinten- 
dent on the same line, when the report is presented. No 
effort should be made to sign the teacher's name by some 
one else. There is no room on the pay-roll for two sig- 
natures, and the attempt to sign in this manner often 
renders both unintelligible. Many county superinten- 
dents will return pay rolls to this office all properly signed 
up by teachers but not a single figure passed over from 
the columns under head "amounts due teachers," to the 
columns under head * ' amounts paid teachers . " In order 
that the receipts be legal the figures must be in these 
columns when the teacher signs, either by himself or by 
proxy. 

Again, many county superintendents will return pay 
rolls with the figures passed over into columns under 
head "amount paid teachers," and no teachers' names 
signed ; and in footing up they include these amounts as 
amounts paid teachers, still no names signed. Such 
loose and negligent manner as this on part of county 
superintendents keeps the entire clerical force of this 
office on the inquiry throughout the entire year to know 
what county superintendents claim as credits. Again, 
some superintendents will even do worse than this. 
Often when they have amounts left over from any quar- 
ter they will pay it out to some teacher after the pay 
roll is returned, and take a receipt on a separate piece 
of paper and forward to this office expecting credit for 
it. The law provides for no receipt except that taken 
under oath on the pay roll under all the requirements 
set forth in the foregoing, and this department, in the 
future, will not recognize any receipt or payments made 
teachers contrary to the instructions herein given. 

If from any cause, not the fault of the county super- 
intendent, the money is delayed, and does not reach him 



192 

in time for the regular pay day, then, in that event, the 
county supeintendent will be allowed his regular number 
of days in which to pay teachers. County superintend- 
ents should remember that the legal time for making 
pay rolls is as follows : On 15th day of March, June^ 
September and December, of each year; and the first 
Saturday of January, April, July and October, are the 
legal pay d^js ; and on the 15th of the last named months 
is the time for returning the pay rolls — January 15th , 
April 15th, July 15th and October 15th. 

The foregoing is the general law relative to counties 
in which quarterly payments are required. In all those 
counties in the State, or separate school districts, where- 
in the teachers are required by law to be paid monthly, 
the same is true of all connected therewith except that 
the pay rolls must be made on the 20th of each month 
instead of the 15th, as in case of the quarterly pay rolls. 

There are four quarters in the year. The first quar- 
ter begins Oct. 1st and ends Dec. 31st. The second 
quarter begins January 1st and ends March 31st. The 
third quarter begins April 1st and ends June 30th . The 
fourth quarter begins July 1st and ends September 30th, 
of each year. In making quarterly pay rolls they must 
be made to conform to these dates. . In case of monthly 
pay rolls, they must alwa,ys be made on the 20th of the 
month and ending with the calendar for that month, 
28th, 29th, 30th or 31st, as the case may be. In my first 
circular to county superintendents, December. 15th, 1894, 
I made use of the following language : ''As the chief 
executive officer of the educational affairs of the State, I 
shall know no man, but I shall with due courtesy strive 
to discharge the duties of the office with impartiality, 
and, as far as possible, according to law. I also stated 
that a multiplicity of information has been asked for at 
my hands that should be given by county superintend- 
ents. I respectfully urged that county superintendents 



193 

thoroughly acquaint themselves with their duties as set 
forth in the Public School Laws, and also the duties of 
township trustees and teachers, that they might be pre- 
pared to give such information as properly belongs to 
their departments. I pledged myself to furnish all pro- 
per information, when called for, to county superintend- 
ents, but it would be wholly impracticable to furnish 
such information separately by letter to the teachers and 
trustees of the State." Owing to the meeting of the 
General Assembly at the beginning of my term of office, 
and the vast amount of unfinished business which has 
unjustly been allowed to accumulate in this office, and 
the very unsystematic manner of conducting the busi- 
ness affairs found in this department, together with sick- 
ness of both myself and family since my induction into 
office, have prevented me thus far from giving much 
information pertaining to the true status of our educa- 
tional affairs. In the first place, the supply of laws has 
been exhausted, none having been printed since 1891 . 
I thought it unwise to have more printed until the ad- 
journment of the legislature. At the very earliest date 
possible the laws will be codified to date, and a sufficient 
number of copies printed to supply the demand. 
- , I have had hundreds of calls for copies of our school law, 
but until the new edition can be printed it is useless for 
teachers, trustees or superintendents to write for copies 
of the law. " So very many irregularities exist in the pay- 
rolls and payment of teachers of last year, and the work 
of auditing, so far behind, that it is now difficult to state 
definitely when county superintendents can look for 
balance from last year. Therefore I advise all county 
superintendents who have not already received their 
balances not to make estimates on their pay rolls looking 
to these amounts. Many county superintendents have 
kept their accounts in such unsystematic manner that' 

13 



194 

now they do not understand what they have done them- 
selves, much less explain to others, and write to this 
office for copies of their pay rolls and a list of their 
vouchers, etc. This department is not required to keep 
the books of the county superintendents nor to furnish 
duplicates of pay rolls . The law provided for this in 
the beginning, and all county superintendents who failed 
to heed the instructions given must take the conse- 
quences. 

It is the bounden duty of all those outgoing county 
superintendents to fully adjust all matters pertaining to 
their administrations before turning over to their suc- 
cessors, and a failure to do this does not in any manner 
release them from their obligation to the State, simply 
because they have turned over matters to their suc- 
cessors. 

All county superintendents who are charged with over- 
payments, as furnished by statements from this office, 
would do well to make up this deficit at once and save 
further trouble. 

The townships of the State are as separate in their 
rights of property as the individual citizens, and no. 
overpayment from one township can be made up by 
taking the funds of another ; neither can contracts of 
laSt year be paid out of the funds of this year. No school 
can be legally taught a part in last year and a part in 
this, but, if a contract had been given out and a school 
taught last year, and there still remains sufficient funds 
of last year to the credit of the township to pay the con- 
tract, or any part of it, the same can be estimated and 
drawn this year. 

If county superiiitendents will" take the law and care- 
fully read the acts touching the making of the pay roll, 
they will see that section (11) , on page 33 of the pay roll 
law, fixes heavy penalties for a failure to comply strictly 
with all its provisions. Hence, taking into considera. 



196 

tion these facts, and feeling a deep interest in the well- 
fare of all school officers, as to their protection and suc- 
cess, I have carefully prepared this circular, which, if 
carefully observed by those connected therewith, will 
protect all concerned, and, so to speak, eliminate much 
friction from the educational affairs of the State. There- 
fore this circular has been issued, nat in a domiueerincf 
or dictatorial spirit, but purely in a spirit of kindness 
for all concerned, and in the discharge of a sworn official 
duty to the people of the State. 

While I have had very much to say concerning the in- 
efficient manner in which some county superintendents 
have managed the affairs of their offices, I would not 
make the impression for one moment that we have no 
competent and efficient county superintendents and 
school officers — far from it. 

Many county superintendents make pay rolls that are 
all that could be asked, and approach as near perfection 
as human efforts can attain ; to this class this circular is 
a waste of time and labor. To this class this circular 
carries with it no rebuke, but rather compliments by 
saying all its requirements have been met from the be- 
ginning. Therefore, those who have had their pay rolls 
frequently returned for correction will readily see to 
whom this circular is addressed, and in the future must 
make their pay rolls conform to the instructions herein 
given before they will be allowed to pass this office. 

Very truly, 

John. O. Turner. 
State Supt. Ed. 



FDR/as FDR TEACHERS fM OFFICERS. 



FDRMS. 



[No. 1.] 

CERTIFICATE OF APPOINTMENT OF TOWNSHIP 
TRUSTEE OF PUBLIC SCHOOLS. 

The State of Alabama ) 
COUXTY. ) 



,189. 



To Greeting: 

This certifies that you, the said was, on the day 

of , appointed to the office of township 

of public schools for township , range (or district ) 

and are, by virtue thereof, fully authorized and empowered to dis- 
charge all the duties of said office, and to exercise all the powers 
thereto belonging, according to law. 

Witness my hand, this day of A. D. 189. . 



Co. Supt. Ed'n 



[No. 2.] 

NOTE GIVEN BY PURCHASER OF SCHOOL LANDS. 

$ 

year after date, we or either of us, promise to pay to the 

State of Alabama, for the use of township , range , in 

county, the sum of dollars, with interest from 

date at eight per cent, per annum, for the purchase of 

(specify legal subdivisions) of section sixteen of said 

township. 

Witness our hands and seals, this day of A. D. 18. . 

[Seal.] 

[Seal.] 

[Seal.] 

Approved this 

day of 189. 



Township Trustees Public Schools. 



200 

[No. 3.] 
CEETIFICATE OF PURCH^iSE OF SCHOOL LANDS. 
The State of Alabama, 

County. 

A. D. 189.. 

The undersigned, Township Trustees of public schools in and for 
township , range , in said county, hereby cer- 
tify that on the A. D. 189. . , they proceeded to 

sell at public outcry (all the preliminary requisites of the law in refer- 
ence to such sale) having been complied with (Lot No , being 

the the northeast quarter of northwest quarter of) section 

sixteen, in said township, containing acres, and at said sale 

being the highest bidder, became the pur- 
chaser of said tract, and for the sum of dollars, for 

which he gave his several notes, each for dollars 

with interest from date of said sale, with 

and as his sureties. 



Township Trustees Public Schools. 



201 

[No. 4.] 

REPORT OF SALE OF SCHOOL LANDS. 

To 

Superintendent of Education for the State of Alabama. 

The undersigned, Township Trustees of public schools in and for 

township , range county, Alabama, 

respectfully represent and report that on the day of 

189. ., they proceeded to sell at public outcry (all the preliminary 
requisites of the law in reference to such sale having been complied 

with) Lot No being their (the northeast quarter of 

northwest quarter of, as the case may be) section sixteen, in said 

township, containing acres; that at said sale 

being the highest bidder, became the pur- 
chaser of said tract, at and for the sum of dollars 

(said sum being at or above the minimum price fixed on said tract) 

for which he gave his several notes, each for 

dollars, with interest from date of sale at eight per cent, per annum, 

with ... and 

as his sureties. That said paid in cash the sum of 

dollars. The undersigned retain the sum 

of dollars from such cash payment to defray the ex- 
penses of the survey and sale of said lands, and the balance, to-wit: 

dollars, together with said notes above described, 

xis herewith enclosed. 

All of which is respectfully submitted. 

This day of 189. . . 



Township Trustees Public Schools. 



202 

[No. 5.] 

BOND TO BE GIVEN BY TOWNSHIP TRUSTEES ABOUf~TO. 

SELL OR LEASE SCHOOL LANDS. 

The State of Alabama, ) 

> Know all men by these presents. 

UOUNTY. ) 

That we ^g j^gj^j ^^^ g^^. 

bound unto the State of Alabama in the sum of dollars ' 

for the payment of which well and truly to be made, we bind ourl 
selves and each of us, our and each of our heirs, executors and ad- 
mmistrators, jointly and severally, firmly by these presents. Sealed: 
with our seals, and dated this . dav of 

A. D. 189.. ■■■ 

The condition of the above obligation is such that whereas, the- 

above bound were, on the day of 

189.., appointed Township Trustees of public schools, in and for 

township range in said county ; and whereas, the said' 

as such township trustees of public 

schools, are about to sell (or lease) school lands of said township. 

Now if the said as such township trustees- 

of public schools, shall discharge their duty faithfully, so long as they 
may continue in office, or continue to discharge any of such duties, 
then this obligation to be void— otherwise to remain in full force. 

[Seai;.] 

' ■ ■ [Seaij.] 

...[Seal.] 

[Seal.] 

[ISeal.]. 

[Seal.] 

Taken and approved this day of A. D. 189. . 



Co. Sup't Education'. 



203 

[No. 6.] 
LEASE OF SCHOOL LANDS. 
The State of Alabama, 

County. 

This agreement, made this day of A. D. 189. . 

between and 

township trustees of public schools in and for township 

range , in said county, and witnesseth, 

that in consideration of dollars, to be paid by said 

to the township trustees of public schools for 

said township, on the day of A. D. 189. ., 

and each year thereafter during the continuance of the lease, for 

which the said has given his several promissory notes 

payable as aforesaid, and bearing even date with this instrument, the 
said township trustees have granted, demised, leased, and to farm let, 

unto the said his representatives and assigns, section 

sixteen (or southeast quarter of southwest quarter of section sixteen, 
as the case may be), in said township, in said county and State; to 

have and to hold unto the said his representatives and 

assigns, for the term of (not exceeding five) years, from 

the.... day of 189.. The said 

agrees to deliver up the premises aforesaid with the appurtenances, 
on the last day of the term, or othre earlier, termination of the estate 
hereby granted, to the said township trustees or their successors in 
office. In witness whereof, the said parties have hereunto set their 
hands and seals the day and year above written. 
Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Township Trustees. 



204 

LNo. 7.] 

ENUMERATION EEPORT OF TOWNSHIP OF 

PUBLIC SCHOOLS. 

To 

County Superintendent of Education of County. 

The undersigned, township of township , range 

in county, hereby certifies that he has made 

a careful enumeration of the children between the ages of seven and 
twenty-one years in said township, and finds the same to be as fol- 
lows : 

"Whites : Males ; Females ; Total 

Colored : Males ; Females ; Total 

Sworn to and subscribed before me, 1 

this day of 189. . ) 



Township 

[Note. — To be made ''(in duplicate) during the month of August, 
1891, and every two years thereafter, one copy to be forwarded to the 
County Superintendent of Education by the first day of September 
following, the other carefully preserved by the township trustees. 



205 

[No. 8.] 

Grade. 

TEACHER'S LICENSE. 



The State of Alabama, 



. County. 



Granted and issued day of 



.189.. 



This certifies that has been duly 

examined according to law by the Examining Board of said county, 
and upon said examination attained the grade set opposite each sub- 
ject upon which examined, as follows, to-wit: 



Names of Branches of Examination. 



Grade in Each. 



Orthography 

Reading 

Penmanship 

Arithmetic 

. , Geography 

.History 

English Grammar . 

Algebra 

Physiology and Hygiene 

Natural Philosophy 

Geometry 

Theory and Practice of Teaching. . . . 



Total average grade. 



And the said having'answered in 

writing correctly per cent, of the written questions pro- 
pounded, and being found to be of good moral character, a 

Grade license authorizing the holder to teach in the public schools 

of said county for year from date of issuance, subject to 

cancellation as provided by law, is hereby granted and issued by 
order of the Board, this the day of 189. . 

President. 



Secretary, 



206 
[No. 9.] 

SCHOOL CONTEAOT— (in duplicate). 

The State op Alabama, ) 

County. ) 

This agreement, made this. .... day of A. D. 189. . between 

teacher and 

township of public schools in and for township 

range (or other school disti'ict), in said county — Witnesseth: 

that the said agrees to teach a public school 

for the '. race in said township, for the 

term of scholastic months, beginning on the day of 

A. D. 189. . The said 

further engages to exert the utmost of his ability in conducting said 
school and improving the education and morals of the pupils ; to keep 

such register and make such reports to the township 

and county superintendent of education as may be required of him, 
and in all respects to conform to the requirements of law. In con- 
sideration of these services properly rendered, the said township 
of public schools, agreeing that the county super- 
intendent of education of said county shall pay the said 

dollars per mouth from the school fund apportioned to said district 
for the scholastic year ending September 30, 189. . The payments to 
be made quarterly as prescribed by law ; Provided, however. That 
there shall be in said schools a daily attendance of not less than ten 
nor more than fifty pupils within the educational age. 



Approved this 

day of 189. 



Teacher. 

Township Public Schools. 

County Sup't Education. 



207 
[No. 10.] 

CONTRACT FOR TRANSFERRED PUPILS. 

The State of Alabama, 

County. 

This agreement, made this day of A. D. 189. . 

between teacher and 

Township Trustees of Public Schools in and for township 

range * . . .(or other school district) in said county — 

Witnesseth : That whereas, the said has 

agreed to teach a grade public school for the 

race in township range 

for the term of . . scholastic months, beginning 

on the day of 189. . The said 

having further agreed to exert the 

utmost of his ability in conducting said school, and improving the 
education and morals of the pupils ; to keep such register and make 
such reports to the township trustees and county superintendent of 
education as may be required of him ; and in all respects to conform 
to the requirements of law. In consideration of these services prop- 
erly rendered, the said township trustees of public schools of said 

township range. . . , agrees that the county superintendent 

of education of said county shall pay the said 

for transfers dollars per month from the school 

fund apportioned to said race in said township or district, for the 
scholastic year ending September 30th, 189.., the payments to be 
made quarterly as prescribed by law ; Provided, however, that there 
shall be in said school a daily attendance of not less than ten nor 
more than fifty pupils within the educational age. 

Teacher. 

Township 

Approved day of 189 . . 

County Sup't of Education. 



[No. 11. J 
Teacher's Register (AVhite or Colored) Public School No. . . /T. . . , R. 



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[No. 15.] 
County Supekintendent's Ledger Account with the School Fund of 

HIS County. 

A. B , County Superintendent of Education of County. 

DR. CR. 

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Salary 



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[214] 



INDEX. 



SEC. PAGE. 

Attorney-General — opinions of 156 et seq. 

Agricultural and Mechanical College. — Const. 

Art. XIII, H 9, 10 4 

Anniston, local school laws 136 et seq. 

Appeal to Supt. from action of township trustee. . 971 23 

Appropriation for public schools 943 6 

Apportionment of school funds j iq-iq ^ a^ 

Auditor, duty of as to pay roll 1012 37 

Agricultural Experiment Stations — 

Canebrake 139 

Abbeville and Athens 140 

Evergreen 142 

Albertville 145 

Five additional 146 

Appendix — Constitution of Alabama — 



Birmingham local school laws 94 et seq. 

Board, Educational — how Constituted . 989 30 

Board, meetings 990 30 

Boai'd, examination of applicants .... 991 30 

Board, must keep register of licenses. 992 31 



216 
C 



SEC. PAGE. 

■Oircular by Supt. Turner 173 

Canebrake Agr. Exp. Station . 139 

Oonstitution, sections relative to public schools. . 8 

Commissioners audit accounts of county Supts. . 962 18 
County Superintendents — 

List of 178-9 

How appointed 954 14 

Term of office 955 14 

Oath of office and bond 956-7-8 15 

Compensation 959 15 

Duties 960 16-17-18 

Keports of. 961-2-3 18 and 19 

Vacancies, how filled 964 19 

Duty of, as to pay rolls 1012 37-8-9 

Certificates of teachers, now long valid 985 28 

Criminal provisions of Code relating to schoolf unds 164 

Congressional Institutes 12 

'Constitution of Alabama Appendix. 



D 



SEO. 

Decatur, local school laws 

Districts, school 999 

District superintendents, list of 

Dogs, registration of 944 

E 

Examination of teachers 984 

Enumeration of children , 979 

Eufaula, local school law 

Evergreen Ag. Exp. Station 

Embezzlement by County Superintendents 

Educational Boards 98sj 



PAGE. 

117 
32 

180 

7 



27 

25 

107 et seq. 
142 
164 

30 
et seq. 



^Florence Normal School , 64 et seq. 

Florence local school laws 134|et seq. 

S'orms for Teachers and Officers ^ 199 et.seq. 



217 
G 



SEO. PAGE. 

Gadsden local school laws 130 et seq. 

H 

Huntsville Normal School (col.) 84 et seq. 

Huntsville local school laws 105 et seq. 

Hygiene taught 28-9 



Institutes, Teachers 995 et seq. 31-2 

Institutes, Congressional 12 

Industrial School for White Girls 58-9 et seq. 

J 

Jacksonville Normal School 68 et seq^ 



Lands, bonds required when sold or leased 980 25 

Income from Reported 981 26 

Opinions bearing on 156 

Location of Schools 973 24 

Licenses, Register of, kept 992 31 

Cancellation of 993 31 

Livingston Normal School 71 et seq 

List of County Superintendents 178-9 

District Superintendents 180 



M 



Mobile, Public Schools — 

Const. Provisions, Art. XIII 5 

local laws 90 et seq 

Montgomery Normal, colored 80et seq 

local school laws 99 et seq 



218 
N 



SEC. PAGE. 

Normal Schools — 

Industrial School for white girls 58 et seq 

Florence g4 

Jacksonville 68 

Livingston 'ji 

Troy : '..^. .'.'.'.'.'..'.[ 75 

Montgomery, colored 80 

Huntsville, colored 84 



Tuskegee 



o 



Opelika, local school law 120 et seq 

Overpayments to Teachers — 

Opinion^on 158 

Officers, forms for 199 et seq 



Public Schools — 

appropriations 943 6 

pupils entitled to instruction in 1000 33 

see also 968 22 

scholastic periods 1001 33 

examinations and certificates 1002 38 

Parents and guardians, meet with trustees, pro- 
ceedings 968 21 

Pay rolls IO12 87 

circular concerning, by Supt. Turner . 185 

Poll tax 1010 39 

how collected and disposed of 1011 39 

opinion on by attorney general 156 

Physiology taught 28-9 

Punishment, right to inflict on pupil 166 

Population, comparative statement by counties. . 181-2 

cities and towns, over 1,000 183-4 

R 

Kegister of daily attendance kept 978 25 

986 29 

of licenses to teachers kept 992 31 

Eaces, separate schools for 1003 33 



219 
S 



SEC. 



Selma local school laws 101 et seq. 

Sixteenth Section Fund, Const., Art. XIII 4 

circular concerning, by Supt. Turner. 173 

Separate schools for two races : 1003 33 

Superintendent of Education — 

how appointed 4 

term of office and salary 946 8 

clerks and their salaries 949 

duties enumerated 950 

report to be printed and distributed. . 952 

vacancies, how filled 953 

■* duty of as to pay roll 1012 

School Funds — 

how apportioned and disbursed 1004 

local school money, how apportioned. 1016 
circular concerning, by Supt. Turner. 

School Lands — 

what are 1023 

lease of 1025 

sale of 1033 

Separate School Districts — 

when created 

Supreme Court, opinion on punishment of pupil.. 



Teachers — 

certificate of qualification 983 27 

examination of 984 27 

employment of 974-5 24 

how paid 988 29 

removal of 977 25 

must keep record of daily attendance. 978, 986 25, 29 
forms for 199 et seq. 

Township trustees- 
how appointed 966 20 

duties of 967 et seq 20-26 

must enumerate children 979 25 

opinion concerning, by Att'y General. 162 

, Teachers Institutes — 

how organized 995 31 

officers and members 996 31 

meetings of . . . " 997 32 

purposes 998 32 



9 




9et 


seq. 


13 




14 




38 




34 et 


seq. 


41 et 


seq. 


185 et 


seq. 


43 




44 et 


seq. 


45 et 


seq. 


150 et 


seq. 


165 et 


seq. 



220 



SEC. PAGE. 



Townships, incorporation of 1024 43 

Troy Normal School 75 et seq. 

Troy local school laws 113 et seq. 

Tuskegee Normal School (colored) 86 et seq. 

Tuskaloosa local school laws 109 "et seq. 

Tuscumbia local school laws 125 et seq. 

Timber sales, opinion on 156 et seq. 

Turner, Supt., circular by 173 

Turner, Supt. , circular by 135 

V 
Yisiting schools • 976 25 



CONSTITUTION 

OF THE 

STATE OF ALABAMA, 



CONSTITUTION 



STATE DF ALABAMA, 



PREAMBLE. 



We, the people of the State of Ahibama, in order to i?stablis}i jus- 
tice, insure domestic tranquility, provide for tlie common defense, 
promote the genei-al welfare and secure ti:i ourselve.i and to our pos- 
terity, life, liberty, and property, profoundly grateful to Almighty 
God for this inestimable right and invoking His favor and guidance, 
do ordain and establish the following Constitution and form of gov- 
ernment for the State of Alabama : 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Tliat the great, general and essential principles of lilierty and free 
govex'nment may be recognized and established, we declare 

1. That all men are equally free and independent : that tliey are 
endowed by their Creator with certain inalienable righrs ; that among 
these are life, liberty and the pursuit of happiness. 

2. That all persons resident in this State, born in the United States, 
or naturalized, or who shall have legally declared tlieir intention to 
become citizens of the L^nited States, are hereby declared citizens of 
the State of Alabama, possessing equal civil and political rights. 

3. That all political power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
benefit; and that, therefore, they have at all times an inolienable and 
indefeasible right to change their form of goverum.'nt, ii; such man- 
ner as they may deem expedient. 

4. That no religion shall be established by law ; tliat no preference 
shall be given by law to any religious sect, society, denomination, or 
mode of worship ; that no one shall be compelled by law to attend any 
place of worship, nor to pay any tithes, taxes or ot'ier rate for the 
building or repairing any place of worship, or for niaintaiiiing any 
minister or ministry ; tliat no religious test shall be required as a 
qualification to any office or public trust, under this State; and that 



the civil rights, privileges and capacities of any citizens shall not be 
in any manner affected by his religious principles. 

5. That any citizen may speak, write and publish his sentiments on 
all subjects, being responsible for the abuse of that liberty. 

6. That the people shall be secure in their persons, homes, papers, 
and possessions, from unreasonable seizures or searches, and that no 
warrant shall issue to search any place, or t© seize any person or thing 
without probable cause, supported by oath or affirmation. 

7. That in all criminal prosecutions, the accused has a right to be 
heard by himself and counsel, or either ; to demand the nature and 
cause of the accusation ; to have a copy thereof ; to be confronted by 
the vatnesses against him ; to liave compulsory process for obtaining 
witnesses in his favor ; and in all prosecutions by indictment a speedy 
public trial, by an impartial jury of the county or district in which 
the offense was committed ; and that he shall not be compelled to give 
evidence against himself, nor be deprived of life, liberty or property, 
but by due process of law. 

8. That no person shall be accused, or arrested, or detained, except 
in cases ascertained by law, and according to the forms which the 
same has prescribed ; and no person shall be punished but by virtue 
of a law established and promulgated prior to the offense, and legally 
applied. 

9. That no person shall, for any indictable offense, be proceeded 
against criminally, by information; except in cases arising in the 
militia and volunteer forces when in actual service, or, by leave of 
ithe court, for misfeasance, misdemeanor, extortion and oppression in 
office, otherwise than is provided in this Constitution ; Provided, That 
in case of petit larceny, assault, assault and battery, affray, unlawful 
assemblies, vagrancy, and other misdemeanors, the General Assembly 
may, by law, dispense with a grand jury, and authorize such prosecu- 
tions and proceedings before justices of the peace, or such other infe- 
rior courts as may be by law established. 

10. That no person shall, for the same offense, be twice put in jeop- 
ardy of life or limb. 

11. That no person shall be barred from prosecuting or defending, 
before any tribunal in this State, by himself or counsel, any civil 
cause to which he is a party. 

12. That the right of trial by jury shall remain inviolate. 

13. That in prosecutions for the publication of papers investigating 
the official conduct of officers or men in public capacity, or when the 
matter published is proper for public information, the truth thereof 
may be given in evidence ; and that in all indictments for libel, the 
jury shall have the right to determine the law and the facts, under 
the direction of the court. 

14. That all courts shall be open; and that every person, for any 
injury done him, in his lands, goods, person or reputation, shall have 



a remedy by due process of law; and right and justice shall be admin- 
istered without sale, denial, or delay. 

15. That the State of Alabama shall never be made a defendant in 
any court of law or equity. 

16. That excessive fines shall not be imposed, nor cruel or unusual 
punishments inflicted. 

17. That all persons shall, before conviction, be bailable by sure- 
ties, except for capital offenses, when the proof is evident, or the pre- 
sumption great; and that excessive bail shall not, in any case, be re- 
quired. 

18. That the privilege of the writ of habeas corpus shall not be sus- 
pended by the authorities of this State. 

19. That treason against the State shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort; 
and that no person shall be convicted of treason, except on the testi- 
mony of two witnesses to the same overt act, or liis confession in open 
court. 

20. That no person shall be attainted of treason by the General 
Assembly ; and that no conviction shall work corruption of blood or 
forfeiture of estate. 

21. That no person shall be impi'isoned for debt. 

22. That no power of suspending laws shall be exercised, except 
by the General Assembly 

2.3. That no ex jjost facto law, or any law, impairing the obligation 
of contracts, or making any irrevocable gr.mts of special privileges, or 
immunities, shall be passed by the General Assembly. 

24. That the exercise of the right of eminent domain shall never 
be abridged nor so construed as to prevent the General Assembly 
from taking the property and franchises of incorporated companies, 
and subjecting rhem to public use the same as individuals. But pri- 
vate property shall not be taken or apnlied for public use, unless just 
compensation be first made therefor ; nor shall private property be 
taken for private use, or the use of corporations, other than munici- 
pal, without the consent of the owner; Proi'/def?, however, that the 
General Assembly may, by law, secure to persons or corporations the 
right-of-way over the lands of other persons or corporations, and by 
general laws provide for and regulate the exercise by persons and cor- 
poi'ations of the rights herein reserved, but just compensation shall 
in all cases be first made to the owner; and, provided, that the right 
of eminent domain shall not be so construed as to allow taxation or 
forced subscriptions for the benefit of railroads or any other kind of 
corporations, other than municipal, or for the benefit of any individual 
or association. 

25. That all navigable waters shall remain forever public highways, 
free to the citizens of the State, and of the United States, without tax, 
impost or toll ; and that no tax, toll,. impost or wharfage shall be de- 
manded or received from the owner of any merchandise or commodity 



6 

for tha US3 of the shores, or any wharf erected in the shores, or in o,r 
over the waters of any navigable stream, unless the same be expressly 
authorized by law. 

26. That the citizens have aright, in a peaceable manner, to assem- 
ble together for the common good, and to apply to those invested 
with the power of govei-nment for redress of grievances, or other pur- 
poses by petition, address or remonstrance. 

27. That every citizen has a right to bear arms in defense of him- 
self and State. 

28. That no standing army shall be kept up without the consent of 
the General Assembly, and in that case no appropriation for its sup- 
port shall be made for a longer term than one year ; and the military 
shall, in all cases and at all times, be in strict subordination to the 
civil power. 

29. That no soldier shall, in time of peace, be quartered in any 
house without tlie consent of the owner, nor in time of war but in a 
manner to be prescribed by law. 

30. That no title of nobility or hei'editary distinction^ privilege, 
honor or emolument shall ever be granted or conferred in this State ; 
and that no office shall be created the appointment to which shall be 
for a longer time than during good behavior. 

31. That immigration shall be encouraged ; emigration shall not 
be prohibited, and that no citizen shall be exiled. 

32. That temporary absence from the State shall not cause a for- 
feiture of residence once obtained. 

33. That no form of slavery shall exist in this State ; and there shall 
be no involuntary servitude, otherwise than for the punishment of 
crime, of v/hich the party shall have been duly convicted. 

34. • The right of suffrage shall ke protected by laws regulating elec- 
tions,' and prohibiting, under adequate penalties, all undue influences 
from power, bribery, tumult, or other improper conduct. 

35. The people of this State accept as final the established fact, 
that from the Federal .Union there can be no secession of any State. 

36. Foreigners who are or may hereafter become bona fide residents 
of this State shall enjoy the same rights in respect to the possession, 
enjoyment and inheritance of property as native born citizens. 

37. That the sole object and only legitimate end of government is 
to protect the citizen in the enjoyment of life, liberty and jjroperty, 
and M''hen the government assumes other functions, it is usurpation 
and oppression. 

38. No educational or property qualification for suffrage or office, 
nor any restraint upon the same on account of race, color, or previous 
condition of servitude, shall be made by law. 

39. That this enumeration of certain rights shall not impair or 
deny others retained by the people. 



ARTICLE II. 

STATE AND COUNTY BOUNDARIES. 

1. The boundaries of this State are established and declared to be 
as follows; that is to say: Beginning at the point where the thirty- 
first degree of north latitude crosses the Perdido River, thence east 
to the western boundary line of the State of Georgia ; thence along 
said line to the southern boundary line of the State of Tennessee ; 
crossing the Tennessee River, and on to the second intersection of 
said river by said line ; thence up said river to the mouth of Big Bear 
creek ; thence by a direct line to the northwest corner of Washington 
county, in this State, as originally fortned ; thence southerly along 
the line of the State of Mississippi to the Gulf of Mexico ; thence east- 
wardly, including all islands within six leagues of the shore, to the 
Perdido River ; thence up the said river to the beginning. 

2. The boundaries of the several counties of this State, as hereto- 
fore established by law, are hereby ratified and confirmed. The Gen- 
eral Assembly may, by a vote of two-thirds of both houses thereof, 
arrange and designate boundaries for the several counties of this 
State, which boundaries shall not be altered, except by alike vote; 
but no new counties shall be hereafter formed of less extent than six 
hundred square miles, and no existing county shall be reduced to less 
extent than six hundred square miles ; and no new county shall be 
formed which does not contain a sufficient number of inhabitants to 
entitle it to one representative, under the ratio of representation ex- 
isting at the time of its formation, and leave the coimty or counties 
from which it is taken with the required number of inhabitants en- 
titling such county or counties to separate representation. 

ARTICLE III. 

DISTRIBUTION OF POWERS OP GOVERNMENT. 

1. The powers of the government of the State of Alabama shall be 
divided into three distinct departments, each of which shall be con- 
fided to a separate body of magistracy, to-wit: Those which are leg- 
islative to one ; those which are executive to another ; and those which 
are judicial to another. 

2. No person, or collection of persons, being of one of those depart- 
ments, shall exercise any power properly belonging to either of the 
others, except in the instances hereinafter expressly directed or per- 
mitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

1. The legislative power of this State shall be vested in a General 
Assembly, which shall consist of a Senate and House of Representa- 
tives. 



8 

2. The style of the laws of this State shall be: "Be it enacted by 
the General Assembly of Alabama." Each law shall* contain but oae 
subject, which shall be clearly expressed in its title, except general 
appropriation bills, general revenue bills, and bills adopting a code, 
digest or revision of statutes ; and no law shall be revived, amended, 
or the provisions thereof extended or conferred, by reference to Kts 
title only ; but so much thereof as is revised, amended, extended or 
conferred, shall be re-enacted and published at length. 

3. Senators and Eepresentatives shall be elected by the qualified 
electors on the first Monday in August, eighteen hundred and seven- 
ty-six, and one half of the Senators and all of the Eepresentafclves 
shall be elected every two years thereafter, unless the General As~ 
sembly shall change the time of holding elections. The terms of fche 
oflSce of the Senators shall be four year, and that of the Represenfca- 
tives two years, commencing on the day after the general election, 
except as otherwise provided in this Constitution. 

4. Senators shall be at least twenty-seven years of age, and Rep- 
resentatives twenty-one years of age ; they shall have been citizens 
and inhabitants of this State for three years, and inhabitants of their 
respective counties or districts one year next before their election, if 
such county or district shall have been so long established, but if nofc, 
then of the county or district from which the same shall have been 
taken ; and they shall reside in their respective counties or districts 
during their terms of service. 

5. The General Assembly shall meet biennially, at the capitoE, in 
the Senate Chamber and in the Hall of the House of Representatives, 
(except in cases of destruction of the capitol, or epidemics, when the 
Governor may convene them at such place in the State as he may 
deem best), on the day specified in this Constitution, or on such other 
day as may be prescribed by law, and shall not remain in^session 
longer than sixty days at the first session held under this Constitution , 
nor longer than fifty days- at any subsequent session. 

6. The pay of the members of the General Assembly shall be four 
dollars per day, and ten cents per mile in going to and returning from 
the seat of government,- to be computed by the nearest usual route 
travelled. 

7. The General Assembly shall consist of not more than thirty- 
three Senators, and not more than one hundred members of the 
House of Representatives, to be apportioned among the several dis- 
tricts and counties as prescribed in this Constitution. 

8. The Senate, at the beginning of each regular session, and at 
such other times as may be necessary, shall elect one of its members 
President thereof, and the House of Representatives, at the begia- 
ning of each regular session, shall elect one of its members 
as Speaker, and the President of the Senate and the Speaker of the 
House of Representatives shall hold their offices, respectively, until 
their successors are elected and qualified. Each House shall^choose 



9 

its own officers, and shall judge of the election returns and qualifica- 
tions of its members. 

9. At the geijeral election, in the year eighteen hundred and sev- 
enty-six, Senators shall be elected in the even-numbered districts, to 
serve for two years, and in the odd-numbered districts to serve for 
four years, so that hereafter one-half of the Senators may be chosen 
biennially. Members of the House of Representatives shall be elect- 
ed at the general election every second year. The time of service of 
Senators and Representatives shall begin on the day after the elec- 
tion, except the terms of those elected in the year eighteen hundred 
and seventy-six, which shall not begin until the terms of the present 
members shall have expired. Whenever a vacancy shall occur in 
either House, the Governor for the time being shall issue a writ of 
election to fill such vacancy for the remainder of the term. 

10. A majortiy of each House shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn, from day to day, and may 
compel the attendance of absent members, in such manner and under 
such penalties as each House may provide. 

11. Each House shall have power to determine the rules of its pro- 
ceedings, and to punish its members, or other persons, for contempt 
or disorderly behaviour in its pi*esence, to enforce obedience to its 
process, to protect its members against violence, or offers of bribes 
or corrupt solicitation, and with the concurrence of two-thirds of 
either House to expel a member, but not a second time for the same 
cause, and shall have all the powers necessary for the Legislature of 
a free State. 

12. A member of either House expelled for corruption shall not 
thereafter be eligible to either House, and punishment for contempt 
or disorderly behaviour shall not bar an indictment for the same 
offense. 

13. Each House shall keep a journal of its proceedings, and cause 
the same to be published immediately after its adjournment, except- 
ing such parts as, in its judgment, may require secrecy ; and the yeas 
and nays of the members of either House on any question shall, at 
the desire of one-tentli of the members present, be entered on the 
joui'nals. Any member of either House shall have liberty to dissent 
from or protest against any act or resolution which he may think 
injurious to the public or an individual, and have the reasons for his 
dissent entered in the journals. 

14. Members of the General Assembly shall, in all cases except 
treason, felony, violation of their oath of office and breach of the 
peace, be privileged from arrest during their attendance at the ses- 
sions of their respective Houses, and in going to and returning from 
the same ; and for any speech or debate in either House they shall 
not be questioned in any other place. 

15. The doors of each House shall be open, except on such occa- 
sions as, in the opinion of the house, may require secrecy. 



10 

16. Neither House shall, without the coBsent of the other, fidjourn 
for more than three days, nor to any other place than that in which 
they may be sitting. 

17. No Seiiator or Eepi*esentative shall, during the term for which 
he shall have been elected, be appointed to any civil office of profit 
under this State, which shall have been created, or the emoluments 
of which shall have been increased during such term, except such 
offices as may be filled by election by the people. 

18. No person hereafter convicted of embezzlement of the public 
money, bribery, JDerjury, or other infamous crime, sliall be eligible 
to the General Assembly, or capable of holding any office of trust or 
profit in this State. 

19. No law shall be passed except by bill, and no bill shall be so 
altered or amended on its passage through either house as to change 
its original purpose. 

20. No bill shall become a lav/ until it shall have been referred to 
a committee of each house and returned therefrom. 

21. Every bill shall be read on three different days in each house, 
and no bill shall become a law unless on its final passage it be read at 
length, and the vote betaken by ayes and nays, the names of the 
members voting for and against the same be entered on the journals, 
and a majority of each house be recorded thereon as voting in its 
favor, except as otherwise provided in this Constitution. 

22. No amendments to bills by one house shall be concurred in by 
the other, except by a vote of the majority thereof, taken by yeas and 
nays, and the names of those voting for and against recorded upon 
the journals ; and reports of committees of conference shall in like 
manner be adopted in each house. 

23. No special or local law shall be enacted for the benefit of indi- 
viduals or corporations in eases which are or can be provided for by a 
general law, or where the relief sought can be given by any court of 
this State ; nor shall the operation of any general law be suspended 
by the General Assembly for the benefit of any individual, corpora- 
tion or association. 

24. No local or special law shall be passed on a subject which can 
not be provided for by a general law, unless notice of the intention to 
apply therefor shall liave been published in the locality where' the 
matter or things to be affected may be situated, which notice shall be 
at least twenty days prior to the introduction into the General Assem- 
bly of such bill, and the evidence of such notice having been given, 
shall be exhibited to the General Assembly, before such bill shall be 
passed ; Provided, that the provisions of this Constitution, as to special 
or local laws, shall not apply to public or educational institutions of 
or in this State, nor to industrial, mining, immigration or manufac- 
turing corporations or interests, or corporations for constructing 
canals, or improving navigable rivers or harbors of this State. 



11 

25. The General Assembly shall pass general laws, under which 
local and private interests shall be provided for and pi'otected. 

26. The General Assembly shall have no power to authorize lot- 
teries or gift enterprises for any purpose, and sliall pass laws to pro- 
hibit the sale of lottery or gift enterprise tickets, or tickets in any 
scheme in the nature of a lottery, in this State ; and all acts, or parts 
of acts, heretofore passed by the General Assembly of this State, 
authorizing a lottery or lotteries, and all acts amendatory thereof, or 
supplemental thereto, are hereby avoided. 

27. Tlie presiding officer of each house shall, in the pi'esence of the 
house over which he presides, sign all bills and joint resolutions 
passed by the General Assembly, after the titles have been publicly 
read immediately before signing, and the fact of signing shall be en- 
tered on the journal. 

28. The General Assembly shall prescribe by law the number, du- 
ties and compensation of the officers and employees of each House ; 
and no payment sliall be made from the State Treasury, or be in any 
way authorized to any person, except to an acting officer or employe, 
elected or appointed in pursuance of law. 

29. No bill sluill be passed giving any extra compensation to any 
public officer, servant or employe, agent or contractor, after the ser- 
vices shall have been rendered, or contract made ; nor shall any offi- 
cer of the State bind the State to the payment of any sum of money 
but by authority of law. 

30. All stationery, printing, paper and fuel used in tlie legislative 
and other depai'tments of govei-nment, sliall be furnished, and the 
printing, binding and distribution of laws, journals, department re- 
ports, and all other printing and binding, and repairing and furnish- 
ing the halls and rooms used for the meetings of the General Assem- 
bly and its committees, shall be performed under contract, to be 
given to the lowest responsible bidder below a maximum price, and 
under such regulations as 'shall be prescribed by law ; no member or 
officer of any department of the government shall be in an^' way inter- 
ested in such contracts, and all such conti-acts shall be subject to the 
approval of the Governor, State Auditor and Sttite Treasurer. 

31. All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose amendments, as in 
other bills. 

32. The General Approjiriation Bill shall embrace nothing but ap- 
propriations for the ordinary expenses of the f.xecutive. Legislative 
and Judicial departments of the State, interest on the public debt, 
and for the public schools ; all other appropriations shall be made by 
separate bills, each embracing but one subject. 

33. No money shall be paid out of the Treasury except upon appro- 
priations made by law, and on warrant drawn by the proper officer in 
pursuance thereof; and a regular statement and account of receipts 



12 

and expenditures of all public moneys shall be published annually, in> 
such manner as may be by law directed. 

34. No appropriation shall be made to any charitable or educa- 
tional institution not under the absolute control of the State, other 
than Normal schools, established by law for the professional training 
of teachers for the public scho^bls of the State, except by a vote of two- 
thirds of all the members elected to each House. 

35. No act of the General Assembly shall authorize the investment 
of any trust fund by executors, administrators, guardians, and other- 
trustees, in the bonds or stock of any private coi'i^oration ; and any 
such acts now existing are avoided, saving investments heretofore 
made. 

36. The power to change the venue, in civil and criminal causes, is- 
vested in the courts, to be exercised in such manner as shall be pro- 
vided by law. 

37. When the General Assembly shall be convened in special ses- 
sion, there shall be no legislation upon subjects other than those 
designated in the proclamation of the Governor calling such sessions. 

38. No State office shall be continued or created for the inspection 
or measuring of any merchandise, manufacture or commodity ; but 
any county or municipality may appoint such officers when authorized 
by law. 

39. No act of the General Assembly changing the seat of govern- 
ment of the State shall become a law until the same sliall have been 
submitted to the qualified electors of the State at a general election, 
and approved by a majority of such electors of the State at a general' 
election, and approved by a majority of such electors voting on the 
same, and such act shall specify tlae proposed new location. 

40. A member of the General Assembly who shall corruptly solicit, 
demand or receive, or consent to receive, directly or indirectly ("^for 
himself or for another, from any company, corporation or person, any 
money, office, appointment, employment, reward, thing of value or 
enjoyment, or of personal advantage or promise thereof, for his vote 
or official influence, or for withholding the same, or with an under- 
standing, expressed or implied, that his vote or official action shall 
be in any way influenced thereby, or who shall solicit or demand any 
such money or other advantages, matter or tiling aforesaid for an- 
other, as the consideration of his vote or official influence, or for 
withholding the same, or shall give or withhold his vote or influence 
in consideration of the payment or promise of such money, advantage, 
matter or thing to another, shall be guilty of bribery within the 
meaning of this Constitution, and shall incur tlie disabilities provided 
for such offense, and such additional punishment as is or sliall be pro- 
vided by law. 

41. Any member who shall, directly or indirectly, offer, give or- 
promise any money or thing of value, testimonial, privilege or per- 
sonal advantage to any executive or judicial officer, or member of the- 



13 

■General Assembly, to influence him in the performance of any of his 
public or official duties, shall be guilty of bribery and be punished in 
such manner as shall be provided by law. 

42. The ofi'ense of corrupt solicitation of members of the General 
Assembly, or of public officers of this State, or of any municipal di- 
vision thereof, and any occupation or practice of solicitation of such 
member, or officers, to influence their official action, shall be defined 
by law, and shall be punishable by fine and imprisonment. 

43. A member of tlie General Ass;embly, who has a personal or 
private interest in any measure or bill, proposed or pending before 
the General Assembly, shall disclose the fact to the House of which 
he is a member, and shall not vote thereon. 

44. In all elections by the General Assembly the members shall 
vote viva voce, and the votes shall be entered on the journal^. 

45. It shall be the duty of the General Assembly to pass such laws 
as may be necessary and proper to decide differences by arbitrators, 
to be appointed by the parties who may choose that mode of adjust- 
ment. 

46. It shall be the duty of the General Assembly, at its first' session 
after the ratification of this Constitution, and within evei'y subse- 
quent period of ten years, to make provision by law for the revision^ 
digesting and promulgating of the public statutes of the State of a 
.general nature, both civil and criminal. 

47. The General Assembly shall pass such penal laws as they may 
deem expedient to suppress the evil practice of duelling. 

48. It shall be the duty of the General Assembly to regulate by 
law the cases in which deductions shall be made from the salaries of 
public officers, for neglect of duty in their official capacities, and the 
amount of such deductions. 

49. It shall be the duty of the General Assembly to require the 
several counties of this State to malvC adequate provision for the main- 
tenance of the poor. 

50. The General Assembly shall not have power to authorize any 
municipal corporation to pass any laws inconsistent with the general 
laws of this State. 

51. In the event of annexation of any foreign territory to this State, 
the General Assembly shall enact laws extending to the inhabitants 
•of the acquired territory all the rights and privileges which may be 
required by the terms of the acquisition, anything in this Constitution 
to the contrary notwithstanding. 

52. The General Assembly shall not tax the property, real or per- 
sonal, of the State, counties and other municipal corporations, or 
cemeteries ; nor lots in incorporated cities or towns, or within one 
mile of any city or town, to the extent of one acre, nor lots one mile 
or more distant from svtcIi cities or towns, to the extent of five acres, 
•with the building thereon, when the same are used exclusively for 
religious worship, for schools, or for purposes purely charitable; nor 



14 

such property, real or personal, to an extent not exceeding twenty- 
five thousand dollars in value, as may be used exclusively for agri- 
cultural or horticultural associations of a public character. 

53. The General Assembly shall by law prescribe such rules and 
regulations as may be necessary to ascertain the value of personal 
and real property exempted from sale under legal process by this 
Constitution, and to secure the same to the claimant thereof selected. 

54. The State shall not engage in works of internal improvement, 
nor lend money or its credit in aid of such ; nor shall the State be 
interested in any private or corporate enterprise, or lend money, or 
its credit to any individual, association or corporation. 

55. The General Assembly shall have no power to authorize any 
county, city, tow^n, or other subdivision of this State, to lend its 
credit, or to grant public money or thing of value in aid of, or to any 
individual, association or corporation whatever, or to become a stock- 
holder in any such corporation, association or com.pany, by issuing 
bonds or otherwise. 

56. There can be no law of this State impairing the obligation of 
contracts by destroying or impairing the remedy for their enforce- 
ment ; and the General Assembly shall have no power to revive any 
right or remedy which may have become barred by lapse of time or 
by any statute of this State. 

AETICLE V. 

EXECUTIVE DEPARTMENT. 

1. The Executive Department shall consist of a Governor, Secre- 
tary of State, State Treasurer, State Auditor, Attorney General, and 
Superintendent of Education, and a Sheriff for each county. 

2. The supreme executive power of this State shall be vested in a 
Chief Magistrate, who shall be styled "The Governor of the State of 
Alabama." 

3. The Governor, S-3cretary of State, State Treasurer, State Audi- 
tor and Attorney General shall be elected by the qualified electors of 
this State, at the same time and places appointed for the election of 
members of the General Assembly. 

4. The returns of every election for Governor, Secretary of State. 
State Auditor, State Treasurer, and Attorney General shall be sealed 
up and transmitted by the returning officers to the seat of govern- 
ment, directed to the Speaker of the House of Representatives, who 
shall, during the first week of the session to which said returns shall 
be made, open and publish them in the presence of both houses of 
the General Assembly in joint convention. The persons having the 
highest number of votes for either of said offices shall be declared 
duly elected ; but, if two or more shall have an equal and the highest 
number of votes for the same office, the General Assembly, by joint 
vote, without delay, shall choose one of said persons for said office. 



15 

Contested elections for Governor, Secretary of State, State Auditor, 
State Treasurer and Attorney General shall be determined by both 
houses of the General Assembly, in such manner as may be prescribed 
by law. 

5. The Governor, Secretary of State, State Treasurer, State Audi- 
tor and Attorney General shall hold their respective offices for the 
term of two years from the time of their installation in office, and 
until their successors shall be elected and qualified. 

U. The Governor shall be at least thirty years of age when elected, 
and shall have been a citizen of the United States ten ye.:irs, and a 
resident citizen of this State at least seven years next before the day 
of his election 

7. The Governor, Secretary of State, State Treasurer, State Audi- 
tor and Attorney General shall reside at the seat of government of 
this State during the time they continue in office, except in cases of 
epidemics; and they shall receive compensation for their services, 
which shall be fixed by law, and which shall not be increased or di- 
minished during the term for which they shall Iiave been elected. 

8. The Governor shall rake care that the laws be faithfully exe- 
cuted. 

9. The Governor may require information in writing under oath, 
from the officers of the Executive Department on any subject relating 
to the duties of their respective offices ; and may at any time require 
information in writing, under oath, from all officers and jnanagers of 
State institutions, upon any subject relating to the condition, man- 
agement and expenses of their respective office-^and institutions; and 
any such officer or manager who makes a false report shall be guilty 
of perjury and punished accordingly. 

10. The Governor may, by proclamation, on extraordinary occa- 
sions, convene the General Assembly at the seat of government, or at 
a different place if, since their last adjournment, that shall have be- 
come dangerous from an enemy, or from infectious or contagious dis- 
eases ; and he shall state specifically in such proclamation each mat- 
ter concerning which the action of that body is deemed necessary. 

11. The Governor shall, from time to time, give to the General 
As'-^embly information of the state of the government, and recom- 
mend to their consideration such measures as he may deem expe- 
dient ; and at the commencement of each session of the General As- 
sembly, and at the close of his term of office, give information, by 
written message, of the condition of the State ; and he shall account 
to the General Assembly, as may be prescribed by law, for all moneys 
received and paid out by him from any funds subject to his order, 
with the vouchers therefor ; and he shall, at the commencement of 
each regular session, present to the General Assembly estimates of 
the amount of money required to be raised by taxation for all pur- 
poses. 

12. The Governor shall have power to remit fines and forfeitures^ 



16 

under such rules and regulations as may be prescribed by law, and 
after conviction, to grant reprieves, commutation of sentence, and 
pardons (except in cases of treason and impeachment) ; but pardons 
in cases of murder, arson, burglary, rape, assault with attempt to 
commit rape, perjury, forgery, bribery, and larceny, shall not relieve 
from civil and political disability unless specifically expressed in the 
pardon. Upon conviction of treason, the Grovernor may suspend the 
execution of the sentence, and report the same to General Assembly 
at the next regular session, when the General Assembly shall either 
pardon, commute the sentence, direct its execution, or grant further 
reprieve. He shall communicate to the General Assembly at every 
regular session each case of reprieve, commutation or pardon granted, 
with his reasons therefor ; stating the name and crime of the convict, 
the sentence, its date and the date of reprieve, commutation or i)ardon. 

13. Every bill which shall have passed both houses of the General 
Assembly shall be presented to the Governor ; if he approve, he shall 
sign it, but if not, he shall return it v/ith his objections to that house 
in which it shall have originated, who shall enter the objections at 
large upon the journals, and the house to which such bill shall be re- 
turned shall proceed to reconsider it; if, after such reconsideration, 
a majority of the whole number elected to that house shall vote for 
the passage of such bill, it shall be sent, with the objections, to the 
other house, by which it shall likewise be reconsidered ; if approved 
by a majority of the whole number elected to that house, it shall be- 
come a law ; but, in such cases, the votes of both houses shall be de- 
termined by yeas and nays, and the names of the members voting for 
or against the bill shall be entered upon the journals of each house 
respectively. If any bill shall not be returned by the Governor within 
five days, Sundays excepted, after it shall have been presented to 
him, the same shall be a law in like manner as if he had signed it, 
unless the General Assembly by their adjournment, prevent its return, 
in which case it shall not be aJaw. And every order, vote or resolu- 
tion to which the concurrence of both houses may be necessary (ex- 
cept questions of adjournment and of bringing on elections for the 
two houses, and of amending this Constitution) shall be presented to 
the Governor and before the same shall take effect be approved by 
him, or being disapproved, shall be repassed by both houses, accord- 
ing to the rules and limitations prescribed in the case of a bill. 

14. The Governor shall have power to disapprove of any item or 
items of any bill making appropriations of money, embracing distinct 
items, and the part, or parts, of the bill approved, shall be the law, 
and the item or items of appropriation disapproved shall be void, un- 
less repassed according to the rules and limitations prescribed for the 
passage of other bills over the Executive veto ; and he shall, in writ- 
ing, state specifically the item or items he disapproves. 

15. In case of the impeachment of the Governor, his removal from 



n 

office, death, refusal to qualify, resignation, absence from the State, 
or other disability, the President of the Senate shall exercise all the 
power and authority appertaining to the office of Governor, until the 
time appointed for the election of Governor shall arrive, or until the 
Governor wlio is absent, or impeached, shall return or be acquitted, 
or other disability be removed ; and if, during such vacancy in the 
office of Governor, the President of the Senate shall be impeached, 
removed from office, refuse to qualify, die, resign, be absent from the 
State, or be under any other disability, the Speaker of the House of 
Representatives shall, in like manner, administer the government. 
If the Governor shall be absent from the State over twenty days, the 
Secretary of State shall notify the President of the Senate, who shall 
enter upon the duties of Governor ; and if the Governor and President 
of the Senate shall both be absent from the State over twenty days, 
the Secretary of State shall notify the Speaker of the House of Rep- 
resentatives, and in such case he shall enter upon and discharge the 
duties of Governor, until the return of the Governor or President of 
the Senate. 

16. The President of the Senate and Speaker of the House of Rep- 
resentatives shall, during the time they respectively administer the 
government, receive the same compensation whicli the Governor 
would have received if he had been employed in the duties of his 
office ; Provided, That if the General Assembly shall be in session 
during such absence, they, or either of them, shall receive no com- 
pensation as members of the General Assembly while acting as Gov- 
ernor. 

17. No person shall, at one and the same time, hold the office of 
Governor of this State and any other office, civil or military, either 
under this State, the United States, or any other state or government, 
except as otherwise provided in this Constitution. 

18. The Governor shall be commander-in-chief of the militia and 
volunteer forces of this State, except when they shall be called into 
the service of the United States, and he may call out the same to exe- 
cute the laws, suppress insurrection, and repel invasion, but he need 
not command in person, unless directed to do so by a resolution of 
the General Assembly ; and when acting in the service of the United 
States, he shall appoint his staff, and the General Assembly sliall fix 
his rank. 

19. No person shall be eligible to the office of Secretary of State, 
State Treasurer, State Auditor, or Attorney General, unless he shall 
have been a citizen of the United States at least seven years, and 
shall have resided in this state at least five years next preceding his 
election, and shall be at least twenty-five years old when elected. 

20. There shall be a great seal of the State, which shall be used 
officially by the Governor ; and the seal now in use shall continue to 
be used until another shall have been adopted by tlie General Assem- 

2 



18 

bly. The said seal shall be called the "Great Seal of the State of 
Alabama." 

21. The Secretary of State shall be the custodian of the seal of the 
State, and shall authenticate therewith all official acts of the Gov- 
ernor, his approval of laws and resolutions excepted. He shall keep 
a register of the official acts of the Governor, and when necessary 
shall attest them, and lay copies of the same togeth'er with copies of 
all papers relative thereto, before either House of the General Assem- 
bly, whenever required to do so, and shall perform such other duties 
as may be prescribed by law. 

22. All grants and commissions shall be issued in the name, and 
by tl; ' n.atl!0'"ity of the State of Alabama, sealed with the great seal, 
and signed by the Governor, and countersigned by the Secretary of 
State. 

23. Should the office of Secretary of State, State Treasurer, State 
Aviditor, Attorney General, or Superintendent of Education, become 
vacant for any of the causes specified in section fifteen of this article, 
the Governor shall fill the vacancy, vintil the disability is removed, 
or a successor elected and qualified. 

24. The State Treasurer, State Auditor and Attorney General shall 
perform such duties as may be prescribed by law. The State Treas- 
urer and State Auditor shall, every year, at a time the General As- 
sembly may fix, make a full and complete report to the Governor, 
showing all receipts and disbursements of revenue, of every charac- 
ter, all claims audited and paid by the State, by items, and all taxes 
and revenue collected and paid into the treasury and from what 
sources; and they shall make reports oftener in any matter pertain- 
ing to their office, if required by the Governor, or the General As- 
sembly. 

25. The State Auditor, State Treasurer and Secretary of State 
shall not, after the expiration of the terms of those now in office, re- 
ceive to their use any fees, costs, perquisites of office, or compensa- 
tion, other than their salaries as prescribed by law ; and all fees that 
may be payable by law, for any service performed by either of such 
officers, shall be paid in advance into the State Treasurer. 

26. A Sheriff shall be elected in each county, by the qualified elec- 
tors thereof, who shall hold his office for the term of four years, un- 
less sooner removed, and shall be ineligible to such office as his own 
successor ; Provided, That Sheriffs elected on the first Monday in 
August, eighteen hundred and seventy-seven, or at such other time 
as maybe prescribed by law for the election in that year, shall hold 
their offices for the term of three years, and until their successors 
shall be elected and qualified. In the year 1880, at the general elec- 
tion for members to the General Assembly, Sheriffs shall be elected 
for four years, as herein provided. Vacancies in the office of Sheriff 
shall be filled by the Governor, as in other cases ; and the person ap- 



19 

pointed shall continue in the ofRee until the next general election in 
the county for Shei'iff, as provided by law. 

ARTICLE VI. 

.JUDICIAL DEPARTMEXT. 

1. The judicial power of the State shall be vested in the Senate, 
sitting as a Court of Impeachment, a Supreme Court, Circuit Courts, 
Chancery Court, Courts of Probate, such Inferior Courts of law and 
equity, to consist of not more than five members, as the General 
Assembly may from time to time establish, and such persons as may 
be by law invested with powers of a judicial nature. 

2. Except in cases otherwise directed in the Constitution, tlie Su- 
preme Court shall have appellate jurisdiction only, which shall be 
co-extensive v^-itli the State, under such resti'ictions and regulations 
not repugnant to this Constitution, as may be from time to time pre- 
scribed by law. Provided, That said Court shall have power to issue 
riglits of injunction, habeas corpus, quo loarraato, and sucli other reme- 
dial and original writs as may be necessary to give it a general super- 
intendence and control of superior jurisdiction. 

3. Tlie Supreme Court sliall be held at the seat of government, 
but if that shall liave become dangerous from any cause it may ad- 
joui'n to a different place. 

4. The State shall be divided by the General Assembly into con- 
venient circuits, not to exceed eiglit in number unless increased by a 
vote of two-thirds of tlie members of each House of the General As- 
sembly, and no circuit shall contain less than three nor more than 
twelve counties ; and for each circuit thei-e sliall be chosen a Judge, 
who shall, for one year next preceding liis election and during his 
continuance in office, reside in the circuit for which he is elected. 

5. Tlie Circuit Court shall liave original jurisdiction in all matters, 
civil and criminal, within the State, not otherwise excepted in the 
Constitution ; but in civil cases only where tli.? matter or sum in con- 
troversy exceeds fifty dollars. 

6. A Circuit Court shall be held in each county in the State at 
least twice in every year, and the Judges of the several circuits may 
hold courts for each other, when they deem it expedient, and shall 
do so when directed by law ; Provided, that the Judges of the several 
Circuit Courts shall have power to issue writs of injunction return- 
able into Courts of Chancery. 

7. Tlie General Assembly shall have power to establish a Court or 
Courts of Chancery, with original and appellate jurisdiction. The 
State shall be divided by the Genei-al Assembly into convenient chan- 
cei'y divisions, not exceeding three in number, unless an increase 
shall be made by a vote of two-thirds of each House of the General 
Assembly taken by yeas and nays and entered upon the journals ; and 
the division shall be divided into districts, and for each division there 
shall be a Chancellor, who shall, at the time of his election or ap- 



20 

pointnient, and during his continnance in office, reside in the division 
for which he shall have been elected or appointed. 

8. A Chancery Court shall be held in each district, at a place to be 
fixed by law, at least once in each year, and the Chancellors may hold 
courts for each other when they deem it necessary. 

9. The General Assembly shall have power to establish in each 
county within the State a Court of Probate, with general jurisdiction 
for the granting of letters testamentary and of administration, and 
for orphan's business. 

10. The Judges of the Supreme Court, Circuit Courts and Chan- 
cellors shall, at stated times, receive for their services a compensa- 
tion, which shall not be diminished during their official terms, but 
they shall receive no fees or perquisites, nor hold any office (except 
judicial offices) of profit or ti'ust under this State or the United States,. 
or any other power, during the term for which they have been elected. 

11. The Supreme Court shall consist of one Chief-Justice and such, 
number of Associate Justices as may be prescribed by law. 

12. The Chief- Justice and Associate Justiqes of the Supreme Court, 
Judges of the Circuit Courts, Probate Courts and Chancellors shall 
be elected by the qualified electors of the State, circuits, counties 
and chancery divisions for v/hich such courts may be established, at 
such times as may be prescribed by law. 

13. The Judges of such inferior courts of law and equity as may be 
by law established, shall be appointed in such mode as the General 
Assembly may prescribe. 

14. The Judges of the Supreme Court, Circuit Courts, Chancellors 
and the Judges of the City Court shall have been citizens of the 
United States and of this State five years next preceding their elec- 
tion or appointment, and shall not be less than twenty-five years of 
age, and learned in the law. 

15. The Chief Justices and Associate Justices of the Supreme Court, 
Circuit Judges, Chancellors and Probate Judges shall hold office for 
the term of six years and until their successors are elected or ap- 
pointed and qualified ; and the right of such Judges and Chancellors 
to hold their office for the fall time hereby prescribed shall not be 
afiected by any change hereafter made by law in any circuit, division 
or county in the mode or time of election. 

16. The Judges of the Supreme Court shall, by virtue of their 
offices, be conservators of the peace throughout the State ; the Judges 
of the Circuit Courts within their respective circuits, and the Judges 
of the Inferior Courts within their respective jurisdictions, shall in 
like manner be conservators of the peace. 

17. Vacancies in the office of any of the Judges or Chancellors of 
this State shall be filled by appointment by the Governor, and such 
appointee shall hold his office for the unexpired term and until his 
successor is elected or appointed and qualified. 

18. If in any case, civil or criminal, pending in any Circuit, Chan- 



21 

eery or City Court in this State, the presiding Judge or Chancellor 
shall, for any legal cause, be incompetent to try, hear or render judg- 
ment in such cause, the parties or their attorneys of record, if it be a 
civil case, or the solicitor or other prosecuting officer, and the defend- 
ant or defendants, if it be a criminal case, may agree upon some dis- 
interested person, practicing in the court and learned in the law, to 
act as special Judge or Chancellor, to sit as a court to hear, decidejand 
-render judgment in the same manner and to the same effect as a 
Judge of the Circuit or City Court, or Chancellor, sitting as a court 
might do in such case. If the case be a civil one and the parties, or 
their attorneys of record do not agree, or if a case be a criminal one 
and the prosecuting officer and the defendant or defendants do not 
agree upon a special Judge or Chancellor, or if either party in a spe- 
cial cause is not represented in court, the Clerk of the Circuit or City 
Court, or Register in Chancery of the court in which said cause is 
pending, shall appoint the special Judge orJChancellor, who shall pre- 
side, try and render judgments as in this section provided. 

19. The General Assembly shall have power to provide for the 
holding of Circuit and Chancery Courts in this State, when the Judges 
or Chancellors thereof fail to attend regular terms. 

20. No Judge of any court of record in this State shall practice law 
in any of the courts of this State or of the United States. 

21. Registers in Chancery shall be appointed by the Chancellors of 
the divisions, and shall hold office during the term of the Chancellor 
making such appointment ; and such Registers shall receive as com- 
pensation for their services only such fees and commissions as may 
be specifically prescribed by law. 

22. A Clerk of the Supreme Court shall be appointed by the Judges 
thereof and shall hold office during the term of the Judges making the 
appointment, and Clerks of such inferior courts as may be established 
by law shall be appointed by the Judges thereof, and shall hold office 
during the term of the Judge making such appointment. 

23. Clerks of the Circuit Court shall be elected by the qualified 
electors in each county, for the term of six years. Vacancies in such 
office shall be filled by the Governor for the unexpired term. 

24. The Clerk of the Supreme Court and Registers in Chancery 
may be removed from office by the Judges of the Supreme Court and 
Chancellors respectively, for cause, to be entered at length upon the 
records of the court. 

25. A Solicitor for each judicial circuit shall be elected by joint 
ballot of the General Assembly, who shall be leai-ned in the law, and 
who shall, at the time of his election, and during his continuance in 
office, reside in the circuit for which he is chosen, and whose term of 
office shall be for six years ; Provided, That the General Assembly, at 
the first session thereof after the ratification of this Constitution shall, 
by joint ballot, elect a Solicitor for each judicial circuit of the State, 
whose term of office shall begin on Tuesday after the first Monday in 



22 

November, 1876, and continue for four years ; And provided, That the 
General Assembly may, when necessary, provide for the election or 
appointment of County Solicitors. 

26. There shall be elected by the qualified electors of each precinct; 
of the counties not exceeding two Justices of the Peace and one Con^ 
stable. Such justices shall have jurisdiction in all civil cases wherein 
the amount in controversy does not exceed one hundred dollars, ex- 
cept in cases of libel, slander, assault and battery, and ejectment. 

In all cases tried before such justices, the right of appeal, without 
prepayment of costs, shall be secured by law ; Provided, That the Gov- 
ernor may appoint one Notary Public for each election precinct in 
counties, and one for each ward in cities of over five thousand inhabi- 
tants, who, in addition to the powers of Notary, shall have and exer- 
cise the same jurisdiction as Justices of the Peace within the precincts 
and wards for which they are respectively appointed; A7id provided^ 
That Notaries Public without such jurisdiction may be appointed. 
The term of office of such Justices and Notaries Public shall be pre- 
scribed by law. 

27. An Attorney-General shall be elected by the qualified electors 
of the State at the same time and places of election of members of the 
General Assembly, whose term of office shall be for two years, and 
until his successor is elected and qualified. After h?s election he 
shall reside at the seat of government, and shall be the law officer of 
the State, and shall perform such duties as may be required of him 
by law. 

28. The style of all process shall be "The State of Alabama," and 
all prosecutions shall be carried on in the name and by the authority 
of the same, and shall conclude "Against the peace and dignity of the 
State." 

ARTICLE VII. 

IMPEACHMENTS. 

1. The Governor, Secretary of State, Auditor, Treasurer, Attor- 
ney-General, Superintendentof Education and Judges of the Supreme 
Court may be removed from office for willful neglect of duty, corrup- 
tion in office, habitual drunkenness, incompetency, or any offense in- 
volving moral turpitude while in office, or committed under color 
thereof or connected therewith, by the Senate, sitting as a court for 
that purpose, under oath or affirmation, on articles or charges pre- 
ferred by the House of Representatives. 

2. The Chancellors, Judges of the Circuit Courts, Judges of the 
Probate Courts, Solicitors of the Circuits and Judges of the Inferior 
Courts, frpm which an appeal may be taken directly to the Supreme 
Court, may be removed from office for any of the causes specified in 
the preceding section, by the Supreme Court, under such regulations 
as may be prescribed by law. 



23 

3. The Sheriffs, Clerks of the Circuit, City or Criminal Courts, 
Tax Collectors, Tax Assessors, County Treasurers, Coroners, Justices 
of the Peace, Notaries Public, Constables and all other county ofa,.ors, 
Mayors and Intendants of incorporated cities and towns in this State, 
may be removed from office for any of the causes specified in section 
one of this article, by the Circuit, City or Criminal Court of the 
county in which such officers hold their office, under such re;,'uL.Mons 
as may be prescribed by law ; Provided, That the riglit of trial by jury 
and appeal in such cases be secured. 

4. The penalties in cases arising under the three preceding sections 
shall not extend beyond removal from office, and disqualification 
from holding office under the authority of this State, for the term for 
which he was elected or apjiointed ; but the accused shall be liable to 
indictment and punishment as prescribed by law. 

ARTICLE VIII. 

SUFFRAGE AND ELECTIONS. 

1. Every male citizen of the United States, and every male person 
of foreign birth who may have legally declared his intention to be- 
come a citizen of the United States before he ofTers to vote, who is 
twenty-one years old, or upwards, possessing the following qualifica- 
tions, shall be an elector and shall be entitled to vote at any election 
by the people, excejit as hereinafter provided : First. He shall have 
resided in the Stf te at least one year immediately preceding the elec- 
tion at which he offers to vote. Second. He shall have resided in 
the county for three months, and in the precinct or ward for thirty 
days immediately jireceding the election at which he offers to vote; 
Provided, That the General A ^-"^embly may prescribe a longer or si 'n-ter 
residence in any precinct in raiy county, or in any ward in any incor- 
poi-ated city or town having a population of more than five thousand 
inhabitants, but in no case to exceed three months; And, provided, 
That no soldier, sailor or m.arine, in the military or naval service of 
the United States shall acquire a residence by being stationed in this 
State. 

2. All elections by the people shall be by ballot, and all elections 
by persons in a representative capacity shall be viva voce. 

3. The following classes shall not be permitted to register, vote or 
hold office: First. Those who shall have been convicted of treason, 
embezzlement of public funds, malfeasance in office, larceny, brihery, 
or other crime, punishable by imprisonment in the penitentiary. 
Second. Those who are idiots or insane. 

4. Electors shall in all cases, except treason, felony, o" brer^h of 
the peace, be privileged from arrest during their attendance at elec- 
tions, or while going to or returning therefrom. 

5. The General Assembly shall pass laws, not inconsistent with the 
Constitution, to regulate and govern elections in this State, and all 
such laws shall be uniform throughout the State. The General As- 



24 

sembly may, when necessary, provide by law for the registration of 
electors throughout the State, or in any incorporated city or town 
thereof, and when it is so provided no person shall vote at any elec- 
tion unless he shall have registered, as required by law. 

6. It shall be the duty of the General Assembly to pass adequate 
laws giving protection against the evils arising from the use of intoxi- 
cating liquors at all eleetions. 

7. Returns of elections for all civil officers who are to be commis- 
sioned by the Governor, except Secretary of State, State Auditor, 
State Treasurer and Attorney-General, and for the members of the 
General Assembly, shall be made to the Secretary of State. 

AETICLE IX. 

KEPRESENTATION. 

1. The v/hole number of Senators shall be not less than one-fourth 
nor more than one-third of the whole number of representatives. 

2. The House of Representatives shall consist of not more than 
one hundred members, who shall be apportioned by the General As- 
sembly among the several counties of the State, according to the 
number of inhabitants in them respectively, as ascertained by the 
decennial census of the United States for the year eighteen hundred 
and eighty ; which apportionment, when made, shall be subject to 
alteration until the first session ' of the General Assembly after the 
next decennial census of the United States shall have been taken. 

■3. It shall be the duty of the General Assembly, at its first session 
after the taking of the decennial census of the United States in the 
year eighteen hundred and eighty, and after each subsequent decen- 
nial census, to fix by law the number of Representatives and appor- 
tion them among the several counties oi the State ; Provided, That 
each county shall be entitled to at least one Representative. 

4. It shall be the duty of the Genei'al Assembly at its first session 
after the taking of the decennial census of the United States in the 
year eighteen hundred and eighty, and after each subsequent decen- 
nial census, to fix by law the number of Senators and to divide the 
State into as many Senatorial Districts as there are Senators, which 
districts shall be as nearly equal to each other in the number of in- 
habitants as may be, and each shall be entitled to one Senator and 
no more ; and which districts, when formed, shall not be changed 
until the next apportioning session of the General Assembly after the 
next decennial census of the United States shall have been taken . 
No county shall be divided between two districts and no district shall 
be made of two or more counties not, contiguous to each other. 

5. Should the decennial census of the United States, from any 
cause, not be taken, or if when taken, the same as to this State is not 
full and satisfactory, the General Assembly shall have power, at its 
first session after the time shall have elapsed for the taking of said 
census, to provide for an enumeration of all the inhabitants of this 



25 

State, and once in each ten years thereafter upon which it shall be 
the duty of the General Assembly to make the appointment of Rep- 
resentatives and Senators as provided for in this article. 

6. Until the General Assembly shall make an apportionment of 
Representatives among the several counties, after the first decennial 
census of the United States, as herein provided, the counties of Au- 
tauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, 
Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, 
Crenshaw, Diile, DeKalb, Elmoi*e, Etowah, Escambia, Fayette, Frank- 
lin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall, 
Randolph, Sanford, Shelby, St. Clair, Walker, Washington and Win- 
ston shall each have one Representative ; the counties of Barbour, 
Bullock, Butler, Chambers, Greene, Hale, Jackson, Jefferson, Lime- 
stone, Lawrence, Lowndes, Lee, Macon, Marengo, Perry, Pickens, 
Pike, Russell, Sumter, Talladega, Tiillapoosa, Tuskaloosa and V/ilcox 
shall have each two Representatives ; the county of Madison shall 
have three Representatives; the counties of Dallas and Montgomery 
shall have each four Representatives ; and the county of Mobile shall 
have five Representatives. 

7. Until the General Assembly shall divide the State into sena- 
torial districts, provided, the senatorial districts shall be as follows: 
First district, Lauderdale and Limestone ; second district, Colbert 
and Lawrence ; third district, Morgan, Winston and Blount ; fourth 
district, Madison ; fifth district, Marshall, Jackson and DeKalb ; 
sixth district, Cherokee, Etowah and St. Clair; seventh district, 
Calhoun and Cleburne ; eighth district, Talladega and Clay; ninth 
district, Randolph and Chambers ; tenth district, Macon and 
Tallapoosa; eleventh district, Bibb and I'uskaloosa ; twelfth district, 
Franklin, Marion, Fayette and Sanford ; thirteenth district, Walker, 
Jefferson and Shelby ; fourteenth district, Greene and Pickens ; 
fifteenth district, Coosa, Elmore and Chilton; sixteenth district, 
Lowndes and Autauga ; seventeenth district, Butler and Conecuh; 
eighteenth district. Perry ; nineteenth district, Choctaw, Clarke and 
Washington ; twentieth district, Marengo ; twenty-first district, Mon- 
roe, Escambia and Baldwin ; twenty-second district, Wilcox ; twenty- 
third district, Henry, Coffee, Dale and Geneva; twenty-fourth dis- 
trict, Barbour ; twenty-fifth district. Pike, Crenshaw and Covington ; 
twenty-sixth district, Bullock ; twenty-seventh district, Lee ; twenty- 
eighth district, Montgomery ; twenty-ninth district, Russell ; thirtieth 
district, Dallas ; thirty-first district, Sumter; thirty-second district. 
Hale ; thirty-third district, Mobile. 

ARTICLE X. 

EXEMPTED PROPERTY. 

1. The personal property of any resident of this State to the value 
of one thousand dollars, to be selected by such resident, shall be ex- 
empted from sale on execution, or other process of any court, issued 



26 

for the collection of any debt contracted, since the thirteenth day cf 
July, eighteen hundred and sixty-eight, or after the ratification of 
this Constitution. 

2. Every homestead not exceeding eighty acres, and the dwelling 
and appui'tenances thereon, to be selected by the owner thereof, and 
not in any city, town or village, with the dwelling and appurtenances 
thereon, owned and occupied by any resident of this State, and not 
exceeding the value of two thousand dollars, shall be exempted from 
sale, on execution or any other process from a -court, for any debt 
contracted since the thirteenth of July, eighteen hundred and sixty- 
eight, or after the ratification of this Constitution. Such exemption; 
however, shall not extend to any mortgage, law^fully obtained, but 
such mortgage or other alienation of such homestead, by the owner 
thereof, if a married man, shall not be valid without the voluntary 
signature and assent of the wife to the same. 

3. The homestead of a family after the death of the owner thereof, 
shall be exempt from the payment of any debts contracted since the- 
thirteenth day of July, one thousand eight hundred and sixty-eighty. 
or after the ratification of this Constitution, in all cases, during the^ 
minority of the children. 

4. The provisions of section one and two of this article shall not be- 
so construed as to prevent a laborer's lien for work done and per- 
formed for the person claiming such exemption, or a mechanic's lien- 
for work done on the premises. 

5. If the owner of a homestead die, leaving a widow, but no chil- 
dren, such homestead shall be exempt, and the rents and profits 
thereof shall inure to her benefit. 

6. The real or personal property of any female in this State, ac- 
quired before marriage, and all property' real and personal, to which 
she may afterwards be entitled by gift, gi*ant, inheritance, or devise, 
shall be and remain the separate estate and property of such female, 
and shall not be liable for any debts, obligations, and engagements of 
her husband, and may be devised or bequeathed by her, the same as 
if she was afemme sole. 

7. The right of exemption hereinbefore secured, maybe waived by 
an instrument in writing, and when such waiver i-elates to realty, the; 
instrument must be signed by both husband and wife, and attested by 
one witness. 

AETICLEXI. 

TAXATION. 

1. All taxes levied on property in this State, shall be assessed in 
exact proportion to the value of such property ; Provided, however y 
The General Assembly may levy a poll tax not to exceed one dollar 
and fifty cents on each poll which shall 'be applied exclusively in aid 
of the public school fund, in the county so paying the-sajme. 



27 

2. No power to levy taxes shall be delegated to individuals or pri- 
vate corporations. 

3. After the ratification of this Constitution, no new debts shall be 
created against, or incurred, by this State or its authority, except to 
repel invasion, or suppi'ess insurrection, and then only by a concur- 
rence of two-thirds of the members of each house.of the General As- 
sembly, and the vote shall be taken by yeas and nays, and entei-ecl on 
the journals ; and any act creating or incurring any new debt against 
this state, except as herein provided for, shall be absolutely void ; 
Provided, The Governor may be authorized to negotiate temporary 
loans, never to exceed one hundred thousand dollars, to meet defi- 
ciencies in the treasury ; and until the same is paid, no new loan shall 
be negotiated ; Provided, jurther, That this section shall not be so 
construed as to prevent the issuance of bonds in adjustment of exist- 
ing State indebtedness. 

4. The General Assembly shall not have the power to to levy, in 
any one year, a greater rate of taxation than three-foui-ths of one per 
centum on the value of the taxable property witliin this State. 

5. No county in this State shall be authorized to levy a larger rate 
of taxation, in any one year, on the value of the taxable property 
therein than one-lialf one per centum ; Provided, That to pay debts 
existing at the ratification of this Constitution, an additional rate of 
one-fourth of one per centum may be levied and collected, which 
shall be exclusively appropriated to the payment of such debts, or 
the interest thereon ; Provided, further, That to any debt or liability 
now existing against any county, incurred for the erection of the nec- 
essary public, buildings or other ordinary county purposes, or that 
may hei'eafter be created for the erection of the necessary public 
buildings or bridges, any county may levy and collect such special 
taxes as may have been or may hereafter be authorized by law, which 
taxes so levied and collected shall be applied exclusively to the 
purposes for which the same shall have been levied and collected. 

6. The property of private corporations, associations and individ- 
uals of this State, shall forever be taxed at the same rate ; Provided. 
This section shall not apply to institutions or enterprises devoted ex- 
clusively to religious, educational or charitable purposes. 

7. No city, town or other municipal corporation, otlier than pro- 
vided for in this article, shall levy or collect a larger rate of tax- 
ation, in any one year, on the property thereof, than one-half of 
one per centum of the value of such property, a«seysed for Slate 
taxation dui'ing the preceding year; '■.Provided, That for the pay- 
ment of debts existing at the time of the notification of this Consti- 
tution, and the interests thereon, an additional rate of one per centum 
may be collected, to be applied exclusively to such indebtedness ; 
And Provided, This section shall not apply to the city of Mobile, which 
city may, until the first day of .January, one tliousand eight Imndred 



28 

and seventy-nine, levy a tax not to exceed the rate of one per centum, 
and from and after that time a tax not to exceed the rate of three- 
fourths of one per centum to pay the expenses of the city govern- 
ment, and may also, until the first day of January, one thousaud 
eight hundred and seventy-nine, levy a tax not to exceed the rate of 
one per centum, and from and after that time, a tax not to exceed the 
rate of three-fourths of one per centum^ to pay the existing indebted- 
ness of said city and the interest thereon. 

8. At the first session of the General Assembly after the ratifica- 
tion of this Constitution, the salaries of the following oflflcers shall 
be reduced at least twenty-five per centum, viz: Governor, Secre- 
tary of State, State Auditor, State Treasurer, Attorney-General, 
Superintendent of Education, Judges of the Supreme and Circuit 
Courts, and Chancellors ; and after said reduction the General Assem- 
bly shall not have power to increase the same except by a vote of a 
majority of all the members elected to each House, taken by yeas and 
nays, and entered on the journals ; Provided, this section shall not 
apply to any of said officers now in office. 

9. The General Assembly shall not have the power to require the 
counties or other municipal corporations to pay any charges which 
are now payable out of the State Treasury. 

ARTICLE XII. 

1. All able-bodied male inhabitants of this State, between the ages 
of eighteen years and forty-five years, who are citizens of the United 
States, or have declared their intention to become such citizens, shall 
be liable to military duty in the militia of the State. 

2. The General Assembly, in providing for the organization, equip- 
ment, and discipline of the militia, shall conform as nearly as prac- 
ticable to the regulations for the government of the armies of the 
United States. 

3. Each company and regiment shall elect its own company and 
regimental officers ; but if any company or regiment shall neglect to 
elect such officers within the time prescribed by law, they may be 
appointed by the Governor. 

4. Volunteer organizations of infantry, cavalry, and artillery, may 
be formed in such manner, and under such restrictions, and with such 
privileges, as may be provided by law. 

5. The militia and volunteer forces shall, in all cases, except trea- 
son, felony and breach of the peace, be privileged from arrest during 
their attendance at musters, parades, and elections, and in going to 
and returning from the same. 

6. The Governor, shall, except as otherwise provided herein, be 
commander-in-chief of the militia and volunteer forces of the State, 
except when in the service of the United States, and shall, with the 
advice and consent of the Senate, appoint all general officers, whose 
term of office shall be for four years. The Governor, the Generals 



29 

and regimental and battalion commanders, shall appoint their own 
staffs, as may be provided by law. 

7. The General Assembly shall provide for the safe keeping of the 
arms, ammunition and accoutrements, military records, banners and 
relics of the State. 

8. The oiRcers and men of the militia and volunteer forces shall 
not be entitled to, or receive, any pay, rations or emoluments, when 
not in active service. 

ARTICLE XIII. 

EDUCATION . 

1. The General Assembly shall establish, organize and maintain a 
system of public schools throughout the State for the equal benefit of 
the children thereof, between the ages of seven and twenty-one years ; 
but separate schools shall be provided for the children of citizens of 
African descent. 

2. The principal of all funds arising from the sale or other disposi- 
tion of lands or other property, which has been or may hereafter be 
granted or entrusted to this State, or given by the United States for 
educational purposes, shall be preserved inviolate and undiminished ; 
and the income arising therefrom shall be faithfully applied to the 
specific objects of the original grants or appropriations. 

3. All lands or other property given by individuals, or appropriat- 
ed by the State for educational purposes, and all estates of deceased 
persons, who die without leaving a will or heir, shall be faithfully ap- 
plied to the maintenance of the public schools. 

4. The General Assembly shall also pi'ovide for the levying and 
collection of an annual poll tax, not to exceed one dollar and fifty 
cents on each poll, which shall be applied to the support of the public 
schools in the counties in which it is levied and collected. 

5. The income arising from tlie sixteenth section trust fund, the 
surplus revenue fund, until it is called for by the United States gov- 
ernment, and the funds enumerated in sections three and four of this 
article, with such other moneys, to be not less than one hundred 
thousand dollars per annum, as the General Assembly shall provide 
by taxation or otherwise, shall be applied to the support and jnain- 
tenance of the public schools, and it shall be the duty of the General 
Assembly to increase, from time to time, the public school fund, as 
the condition of the Treasury and the resources of the State will ad- 
mit. 

6. Not more than four per cent, of all moneys raised, ot which 
may hereafter be appropriated for the support of public schools, 
shall be used or expended otherwise than for the payment of teachers, 
employed in such schools; Proriilecl, that the General Assembly may, 
by a vote of two-thirds of each house, suspend the operation of this 
section. 



30 

7. The supervision of the public schools shall be vested, in a Super- 
intendent of Education, v\diose powers, duties, term of oftiee and com- 
pensation shall be fixed by law. The Superintendent of Education 
shall be elected, by the qualified voters of the State in such manner 
and at such time as shall be provided by law. 

8. No money raised for the support of the public schools of the 
State, shall be appropriated to or used for the support of any secta- 
rian or denominational school. 

9. The State University and the Agricultural and Mechanical Col- 
. lege shall each be under the inanagement and control of a Board of 

Trustees. The Board for the University shall consist of two members 
fiKjiii wj.e coiigitossional district iu which the University is located, and. 
one from each of the other congressional districts in the State. The 
Board for the xigricultural and Mechanical College shall consist of 
two members from the congressional district in which the College is 
located, and one from each of the other congressional districts in the 
State. Said Trustees shall be appointed by the Governor, by and 
Vtrith the advice and consent of the Senate, and shall hold office for a 
term of six years, and until their successors shall be appointed and 
qualified. After the first appointment each Bonrd shall be divided 
into three classes, as nearly equal as may be The seats of the first 
class shall be vacated at the expiration of two years, and those of the 
second']class in four years, and those of tlie third class at the end of 
six years fi-om the date of appointment, so that one-third may be 
chosen biennially. No trustee shall receive any pay or emolument 
other than his actual expenses incurred in the discharge of his duties 
as such. The Gavevnor shall be e-xofficio President and the Superin- 
tendent of Education ex-ojficio a member of each of said Boards of 
Trustees. 

10. The General Assembly shall have no power to change the lo- 
cation of the State University or the Agricultural and Mechanical 
College as now established by law, except upon a vote of two-thirds 
of the General Assembly, taken by yeas and nays and entered upon 
the journals. 

11. The provisions of this article and of any act of the General As- 
sembly passed in pursuance thereof to establish, organize and main- 
tain a system of public schools throughout the State, shall apply to 
Mobile county only so far as to authorize and require the authorities 
designated by law to draw the portion of the funds to which said 
county shall be entitled for school purposes, and to make reports to 
the Superintendent of Education as may be prescribed by law. And 
all special incomes and powers of taxation, as now authorized by law 
for the benefit of public schools in said county, shall remain undis- 
turbed until otherwise provided by the General Assembly; Provided, 
That separate schools for each race shall always be maintained by 
said school authorities. 



31 

ARTICLE XIV. 

CORPORATIONS — PRIVATE CORPORATIONS. 

1. Coi-porations may be formed under general laws, but shall not 
be ci'eated by special act, except for municipal, manufacturing, min- 
ing, immigration, indu.-5trial, and educational purposes, or for con- 
structing canals, or improving navigable rivers and harbors of this 
State, and in cases, where in the judgment of the General Assembly, 
the objects of the corporation cannot be attained under the general 
laws. All general laws and special acts passed pursuant to this sec- 
tion may be altered, amended and repealed. 

2. All existing charters or grants of special or exclusive privileges 
under which a bona fide organization shall not have taken place and 
business been commenced in good faith, at the time of the notifica- 
tion of this Constitution, shall thereafter have no validity. 

3. The General Assembly sliall not remit the forfeiture of the char- 
ter of any corporation now existing, or alter or amend the same, or 
pass any general or special law for the benefit of such corporation, 
«ther than in execution of a trust created by law or by contract, 
except upon the condition that such corporation shall thereafter hold 
its charter subject to the provisions of this Constitution. 

4 No foreign corporation shall do any business in this State with- 
out having at least one known place of business and an authorized 
agent or agents therein, and such corporation may be sued in any 
«._'ounty where it does business by service of process upon an agent 
anywhere in this State. 

5. No corporation shall engage in any business other than that ex- 
pressly authorized in its charter. 

6. No corporation shall issue stock or bonds except for money, 
labor done, or money or property actually received ; and all ficititious 
increase of stock or indebtedness shall be void. The stock and bond- 
■ed indebtedness of corporations shall not be increased, except in pur- 
suance of general laws, nor without the consent of the persons hold- 
ing the larger amount in value of stock, first obtained at a meeting 
to be held after thirty days notice given in pursuance of law 

7. Municinal and otlier corporations and individuals invested with 
the privilege of taking private property for public use, shall make 
just compensation for the property taken, injured or destroyed by 
the construction or enlargement of its works, highways or improve- 
ments, which compensation shall be paid before such taking, injury 
or destruction. The General Assembly is hereby proliibited from 
depriving any person of an appeal from any preliminary assessment 
of damages against any such corporations or individuals made by 
viewers or otherwise ; and the amount of such damages in all cases of 
<vppeal shall, on the demand of either party, be determined by a jury 
according to law. 

S. Dues from private corporations shall be secured by sucii means 



32 

as may be prescribed by law, but in no case shall any stockholder be 
individually liable otherwise than for the unpaid stock owned by him 
or her. 

9 No corporation shall issue preferred stock without the consent 
of the owners of two-thirds of the stock of said corporation. 

10. The General Assembly shall have the power to alter, revoke or 
amend any charter of incorporation now existing, and revocable at 
the ratification of this Constitution, or any that may hereafter be 
created, whenever, in their opinion, it may be injurious to the citi- 
zens of this State, in such manner, however, that no injustice shall be 
done to the incorporators. No law hereafter enacted shall create, 
renew or extend the charter of more than one corporation. 

11. Any association or corporation organized for the purpose, or 
any individual shall have the right to construct and maintain lines of 
telegraph within this State, and connect the same with other lines, 
and the General Assembly shall, by general law of uniform operation, 
provide reasonable regulations to give full effect to this section. No 
telegraph company shall consolidate with or hold a controlling inter- 
est in the stock or bonds of any other telegraph company owning a 
competing line, or acquire, by purchase or otherwise, any other com- 
peting line of telegraph. 

12. All corporations shall have the right to sue, and shall be sub- 
ject to be sued, in all courts in like cases as natural persons. 

13. The term corporation, as used in this article, shall be con- 
strued to include all joint stock companies, or any associations hav- 
ing any of the powers or privileges of corporations not possessed by 
individuals or partnerships. 

BANKS AND BANKING. 

14. The General Assembly shall not have the power to establish 
or incorporate any bank or banking company, or moneyed institu- 
tion, for the purpose of issuing bills of credit, or bills payable to 
order or bearer, except under the conditions prescribed in tliis Con- 
stitution. 

15. No banks shall be established otherwise than under a general 
banking law, nor otherwise than upon a specie basis. ' 

16. All bills or notes issued as money, shall be at all times redeem- 
able in gold or silver, and no law shall be passed sanctioning, directly 
or indirectly, the suspension by any bank or banking company of 
specie payment. 

17. Holders of bank notes and depositoi-s who have not stipulated 
for interest, shall, for such notes and deposits, be entitled in case of 
insolvency, to the prefei'ence of payment over all other creditors. 

18. Every bank or banking company shall be required to cease all 
banking oxjerations within twenty years from the time of its organi- 
zation, (unless the General Assembly shall extend tlie time,) and 
promptly thereafter close its business ; but shall have corporate 



33 

capacity to sue and shall be liable to suit until its affairs and liabili- 
ties are fully closed. 

19. No bank shall receive directly or indirectly, a greater rate of 
interest than shall be allowed by law to individuals for lending 
money. 

20. The State shall not be a stockholder in any bank, nor shall the 
credjl: of the State ever be given, or loaned, to any banking company, 
association or corporation. 

RAILROADS AND CANALS. 

21. All railroads and canals shall be public highways, and all rail- 
road and canal companies shall be common carriers. Any associa- 
tion or corporation organized for the purpose shall have the right to 
construct and operate a railroad between any points in this State, 
and connect at the State line, with railroads of other States. Every 
railroad company shall have the right with its road to intersect, con- 
nect with, or cross any other railroad, and shall receive and trans- 
port, each, the others freight, passengers and cars, loaded or empty, 
without delay or discrimination. 

22. The General Assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in tlie rates of freiglits 
and passenger tariffs on railroads, canals and rivers in tliis State. 

23. No railroad or other transporation company shall grant free 
passes, or sell tickets or passes at a discount other than as sold to the 
public generally, to any member of the General Assembly, or to any 
person holding office under this State or the United States. 

24. No street passenger railway shall be constructed within the 
limits of any city or town, without the consent of its local authorities. 

25. No railroad, canal or other transportation company in exist- 
ence at the time of the ratification of this Constitution, shall have 
the benefit of any future legislation, by general or special laws, other 
than in execution of a trust created by law or by contract, except on 
the condition of complete acceptance of all provisions of this article. 

ARTICLE XV. 

OATH OF OFFICE. 

1. All members of the General Assembly, and all officers, execu- 
tive and judicial, before they enter upon the execution of the duties 
of their respective offices, shall take the following oath or affirma- 
tion, to-wit : 

"I, , solemnly swear, [or affirm, as the case may 

be] that I will support the Constitution of the United States and the 
Constitution of the State of Alabama, so long as I continue a citizen 
thereof, and that I will faithfully and honestly discharge the duties 
of the office upon which I am about to enter to the best of my ability, 
3 



34 

so help me God." Which oath may be administered by the presiding 
officer of either House of the General Assembly, or any officer 
authorized by law to administer an oath. 

ARTICLE XVI. 

MISCELLANEOUS PROVISIONS. 

1. No person holding an office of profit under the United States, 
except postmasters whose annual salary does not exceed two hundred 
dollars, shall during his continuance in such office, hold any office of 
profit under this State ; nor shall any person hold two offices of 
profit at one and the same time under this State, except justices of 
the peace, constables, notaries public and commissioners of deeds. 

2. It is made the duty of the General Assembly to enact all laws 
necessary to give effect to the provisions of this Constitution. 

ARTICLE XVII. 

MODE OF AMENDING THE CONSTITUTION. 

1. The General Assembly may, whenever two-thii'ds of each house 
shall deem it necessary, propose amendments to this Constitution, 
which having been read on three several days, in each house, shall be 
duly published in such manner as the General Asseinbly may direct, 
at least three months before the next general election for Represen- 
tatives, for the consideration of the people; and it shall be the duty, 
of the several returning officers, at the next general election which 
shall be held for Representatives, to open a poll for the vote of the 
qualified electors on the proposed amendments, and to make a return 
of said vote to the Secretary of State ; and if it shall thereupon ap- 
pear that a majority of all the qualified electors of the State, who 
voted at said election, voted in favor of the proposed amendments, 
said amendments shall be valid, to all intents and purposes, as part 
of this Constitution, and the result of such election shall be made 
known by proclamation of the Governor. 

2. No convention shall hereafter be held for the purpose of alter- 
ing or amending the Constitution of this State, unless the question of 
Convention, or no Convention, shall first be submitted to a vote of 
all the electors of the State, and approved by a majority of those 
voting at said election. 

SCHEDULE. 

in order that no injury or inconvenience may arise from tlie altera- 
tions and amendments made by this Constitution to the existing Con- 
stitution of this State, and to carry this Constitution into effect, it is 
hereby ordained and declared, 1st. That all laws in force at the rati- 
fication of this Constitution and not inconsistent therewith, shall re- 
main .in full force, until altered and repealed by the General Assem- 
bly ; and all rights, actions, prosecutions, claims and contracts, of 
this State, counties, individuals or bodies corporate, not inconsistent 



35 

M'ith this Constitution, shall continue to be valid as if this Constitu- 
tion had not been ratified. 

2. That all bonds executed by or to any oflRcer of this State, all 
recognizances, obligations, and all other instruments executed to this 
State, or any subdivision or municipality thereof, before the ratifica- 
tion of this Constitution, and all fines, taxes, penalties and forfeitures 
due and owing to this State, or any subdivision, or any municipality 
thereof ; and all writs, suits, prosecutions, claims and causes of 
action, except as herein otherwise provided, shall continue and re 
main unaffected by the ratification of this Constitution. All indict- 
ments whicli may have been found, or which may hereafter be found, 
for any crime or offense committed before the ratification of this 
Constitution, sliall be proceeded upon in the same manner as if this 
Constitution had not been ratified. 

3. That all the executive and judicial officers, and all other officers 
in this State who shall have been elected at the election held in this 
State, on third day of November, eighteen hundred and seventy-four, 
or who may have been appointed since that time, and all members of 
the present General Assembly, and all that may hereafter be elected 
members of the present General Assembly, and all other officers 
holding office at the time of the ratification of this Constitution, ex- 
cept such as liold office under any act of the General Assembly, shall 
continue in office, and exercise the duties thereof until their respec- 
tive terms shall expire, as provided by the present Constitution and 
laws of this State. 

4. This Constitution shall be submitted to the qualified electors 
of this State for I'atiflcation or rejection, as authorized and required 
by an act of the General Assembly of this State, entitled "An act to 
provide for the calling of a Convention to revise and amend the Con- 
stitution of tliis State," approved nineteeth day of March, A. D., 
eighteen hundred and seventy-five. 

6. That instead of the publication as required by section twelve of 
said Act, the Governor of the State, is hereby authorized to take such 
steps as will give general publicity and circulation to this (.Constitu- 
tion in an as .economical manner as practicable. 

7. That all laws requiring an enumeration of the inhabitants of 
this State during the year eighteen hundred and seventy-five, are 
hereby avoided. 

8. That the Board of Education of this State is hereby abolislied. 

9. The salaries of the Executive and Judicial and all other officei's 
of this State who may be liolding office at the time of tiie ratifica- 
tion of this Constitution, and the pay of the present members of the 
General Assembly, shall not be affected by the provisions of this 
Constitution. 

LEROY POPE WALKER, 

President. 



_v 



